Knee decisions — 2013

The Veteran's claims for increased ratings were denied as the evidence did not meet the criteria for a compensable rating for post operative left knee scars, a rating in excess of 10 percent for post operative residuals of the left knee with degenerative joint disease (DJD), or an initial rating in excess of 30 percent for left knee instability status post anterior cruciate ligament reconstruction.

The Board has remanded the case for additional development due to the submission of new medical authorizations by the Veteran.

The Veteran's claims for increased evaluations for bilateral hearing loss and bilateral knee arthritis were denied. The Board found no higher evaluation was appropriate based on the evidence of record.

The Veteran's throat disorder and left knee disorder were not incurred or aggravated by service. The Board found no evidence of a current disability related to these conditions.

The Board found that the Veteran's left knee disorder, other than residuals of cold injury, was not related to his military service and denied his claim for service connection.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private medical records, scheduling a VA examination, and ensuring all notification requirements have been met.

The Veteran's right knee disorder was not incurred in service and is denied.

The Veteran's service-connected left and right knee disabilities are currently rated at 10% each, with no additional functional loss or instability noted. The current ratings do not meet the criteria for higher evaluations under any applicable diagnostic codes.

The Veteran's service-connected disabilities, including pain in the left hand and wrist, degenerative arthritis of the left knee with a Baker's cyst, and depression, have rendered him unable to secure or follow a substantially gainful occupation. The Board grants total disability based on individual unemployability.

The Board has determined that the Veteran's mild tricompartmental degenerative arthrosis of the left knee is related to his service-connected injury and symptoms, thus granting service connection for this disability.

The Veteran's service connection claims for low back disorder, asthma, PTSD, knee disorders, ankle disorders, shoulder disorders, bilateral pes planus, and hypertension have been granted with initial disability ratings effective October 1, 2007.

The Board has determined that the Veteran does not have a diagnosed psychiatric disability, such as PTSD, or any other psychiatric condition. The evidence does not support his claim of an in-service sexual assault leading to PTSD. For bilateral hip and left knee disabilities, there is no credible evidence linking these conditions to service.

The Veteran's claims for service connection were denied. The Board found no evidence of hearing loss, tinnitus, low back disability, PTSD, bronchitis, right knee disability, left knee disability, or bilateral plantar fasciitis that had its onset during active service.

The Veteran's appeal is being remanded to the RO for further action, including scheduling a videoconference hearing before a Veterans Law Judge at the Indianapolis RO.

The Veteran's service-connected left knee disorder, manifested by painful motion and internal derangement with degenerative arthritis, does not meet the criteria for a rating in excess of 10 percent.

The Board denied the Veteran's claims for service connection for a left knee disorder, an acquired psychiatric disorder (claimed as depression and PTSD), a gastrointestinal disorder, and a respiratory disorder. The evidence did not support these claims based on her active duty service in Southwest Asia during the Gulf War.

The Board has remanded the Veteran's claims for additional development due to incomplete personnel records and need for further examination regarding his claimed thoracolumbar spine, right knee, and left knee disabilities. The case will be reviewed again after all necessary actions are taken.

The Board found no evidence to support the Veteran's claim that his right knee disability was incurred or aggravated by active duty service, and denied the claim.

The Board found that the Veteran's left knee disability was clearly and unmistakably pre-existing, but aggravated during his active service. The claim for service connection is granted.

The Board has denied the Veteran's claims for service connection for various musculoskeletal conditions, including neuropathy and radiculopathy of the lower extremities, degenerative joint disease of the right knee, left knee, cervical spine disability, bulging disc and herniation, degenerative changes of the right ankle, left ankle, and thoracic paravertebral myositis (claimed as thoracic lordosis).