Knee decisions — 2012

The Veteran's right knee disability is rated at 20 percent due to instability, with additional ratings for arthritis affecting extension and flexion.

The Board denied the Veteran's claims of service connection for right and left knee disabilities, finding no new and material evidence to reopen them.

The Veteran's claim for a rating in excess of 10 percent for residuals of a right knee injury was denied. The claim for an initial compensable rating for right hip weakness is considered on its merits as the appeal has been certified to the Board.

The Board has determined that the Veteran's claimed bilateral knee disorder and arthritis of multiple joints were not incurred in or aggravated by service, and may not be presumed to have been incurred therein.

The Board denied the Veteran's claims of service connection for left knee contusion, fibroma, PTSD, and substance abuse. The decision found that there was no evidence to support a diagnosis of PTSD due to lack of credible supporting evidence of an in-service stressor. Service connection for substance abuse is not warranted as it resulted from voluntary use of drugs and alcohol.

The Board has remanded the case to the RO for scheduling a hearing before a Veterans Law Judge at the regional office.

The Veteran's service-connected disabilities, which include complete peroneal nerve paralysis of the left leg (40%), post-operative residuals of the left knee with resultant instability (20%), and degenerative joint disease of the left knee (10%), combine to a single disability evaluated as 60 percent disabling. The competent clinical evidence does not demonstrate that these service-connected disabilities preclude the Veteran from securing or following a substantially gainful occupation.

The Veteran's appeal is being remanded for additional development, including obtaining a supplemental VA examination and clarifying the opinions provided by both the November 2010 VA examiner and the January 2012 private chiropractor.

The Board has remanded the case for additional development, including obtaining a medical nexus opinion regarding whether the Veteran's service-connected bilateral pes planus caused or aggravated his left knee disorder.

The Veteran's left knee disability, post-total knee replacement, is rated at 60 percent effective April 1, 2007. The separate rating for left hip bursitis remains at 10 percent.

The Board finds that the Veteran's current left knee disability, other than a scar, is less likely related to his in-service injury and more likely due to degenerative joint disease/osteoarthritis. Service connection for this condition is therefore denied.

The Board denied the Veteran's claims for service connection for a right knee disability, residuals of left pneumothorax with asthma and bronchitis, and defective vision. The evidence did not support a finding that any of these conditions were incurred or aggravated by military service.

The Board found that the Veteran's current bilateral knee disability is related to his active service, including parachute jumps he experienced during his military service. The preponderance of evidence supports a finding that his knee condition began in service and has persisted since then.

The Board denied service connection for various conditions, including a low back disability, bilateral knee disabilities, right foot pes planus, left facial numbness, ulnar neuropathy of the left upper extremity, and right elbow and hand numbness.

The Board denied the Veteran's claims for earlier effective dates for the grants of service connection and increased ratings, finding that the earliest date as of which it is factually ascertainable that an increase in disability occurred was March 10, 2007.

The Board has determined that the Veteran's claims for service connection for a stomach condition and left knee arthritis are denied. The claim for service connection for a left hand injury is being remanded due to incomplete development.

The Board has determined that new and material evidence has been received to reopen claims for service connection for right knee arthralgia and hypertension. However, the Veteran's current back disability and left leg disability are not found to be related to his military service.

The Board found that the Veteran's right and left knee disorders are not related to his military service, as there is no evidence of in-service injury or disease. The current diagnoses are attributed to non-service-connected conditions such as fibromyalgia.

The Board has reopened the Veteran's claim and granted service connection for left knee disability and right knee disability, finding that his current diagnoses are related to his active duty.

The Veteran's low back disorder and TBI residuals are service connected, while his left knee disabilities warrant increased ratings.