Knee decisions — 2013

The Board has restored a 30% disability rating for bilateral plantar fasciitis and denied an increased evaluation. The Veteran's service-connected foot condition did not show sustained improvement, warranting the reduction of her disability rating.

The Board found that the Veteran's left knee disability was not caused by or related to his active service and denied his claim of entitlement to service connection.

The Veteran's right knee disability, including arthritis and ACL laxity, is not service-connected as it is not related to his active military service.

The Board found that the Veteran does not have a current left knee disability, food allergy to eggs, or hemorrhoids. Therefore, service connection for these conditions is denied.

The Veteran's appeals for service connection for right knee and bilateral leg disorders have been dismissed as the Veteran and his representative withdrew their appeal.

The Board has remanded the Veteran's claims for additional development to obtain his military personnel records, private medical records, and supplemental medical opinions. The Veteran is seeking service connection for right knee and bilateral foot disabilities that he alleges are related to a fall from a rope during basic training.

The Board has granted service connection for sleep apnea, finding that the Veteran's current sleep apnea was incurred during service.,For right knee DJD and left knee DJD, the Board denied increased ratings as there is no evidence of ankylosis or instability.

The Veteran's claims for increased ratings and a TTR were denied. The left knee instability claim is pending since March 13, 2009.

The Veteran's right and left knee chondromalacia with genu varus resulted in pain, reduced range of motion, including extension to no more than zero degrees and flexion to no less than 130 degrees. The RO denied the claims for increased ratings as there is no evidence of ankylosis or moderate laxity.

The Board found no left lower leg disorder incurred or aggravated by service, and denied the claim for service connection.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for right knee osteoarthritis. The issue of entitlement to higher ratings for rheumatoid arthritis and osteoarthritis of multiple joints remains on appeal.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied because the VA examiner did not cause any additional disability resulting from the examination, as there is no evidence that the actions of the VA examiner were either careless, negligent, or caused an event not reasonably foreseeable.

The Board has determined that the appellant does not have a current diagnosis of a bilateral knee disability, and therefore service connection for this condition is denied.

The Board has determined that the Veteran's neck and knee disorders are not service-connected, as there is no evidence of chronic conditions during or within one year after service. The current diagnoses do not meet the criteria for presumptive service connection.

The Veteran's right knee patellofemoral syndrome has been manifested by intermittent pain behind the kneecap, which is worse with physical activity. Flexion is demonstrated at least to 90 degrees and extension is limited at most to 5 degrees. The evidence does not meet the criteria for a higher rating.

The Board finds that the Veteran's right leg disorder, including his diagnosed degenerative joint disease of the right knee and gout of the right lower extremity, is not service-connected as there is no competent evidence linking these conditions to his military service.

The Veteran's claims for service connection for various conditions, including right knee and left knee disabilities, chest pain, back disability, night sweats, a psychiatric condition (claimed as sleeping problems), cervical spine disability, right shoulder disability, jaw pain, and hearing loss were denied. The Board found no evidence of current disabilities or associations with service.

The Veteran's lumbar spine disability has been rated at 10 percent since July 31, 2009. The rating is based on the presence of mild anterior wedging and disc space narrowing without any other service-connected conditions or exposure basis.

The Board has determined that the Veteran does not have current diagnoses for high fever, right calf muscle damage as residual of shrapnel fragment wound, left knee disorder, right knee disorder, or low back disorder. As such, service connection is denied for these conditions.

The Board denied an increased rating for the Veteran's degenerative disc disease of the thoracolumbar spine and found that his right knee disability claim was not properly reopened due to lack of new evidence within one year. The Veteran's current 10 percent rating for back pain is upheld, but no higher as it does not meet criteria for a higher rating.