Knee Board decisions

The Board granted service connection for a deviated nasal septum, status post septoplasty, with residuals including weakness in the vestibule of the nose and lower lateral cartilage collapse on inhalation. Service connection was also granted for left knee disability, to include patellofemoral syndrome and postoperative residuals of a torn medial meniscus. The temporary total rating based on convalescence following left knee surgery in March 2010 is denied.

The Veteran's claims for service connection were denied due to lack of verified stressors and in-service manifestations. New evidence received since the last denial does not provide a new or material basis for reopening these claims.

The Veteran's appeal was withdrawn due to his request to withdraw the appeal regarding left ankle, back, bilateral hearing loss, and tinnitus issues. The Board did not have jurisdiction to review these issues as they were dismissed.

The Veteran is granted a 10 percent disability rating for right knee chondromalacia, effective from the date of the decision. The appeal was resolved in favor of the Veteran.

The Veteran's claim for a higher rating for residuals, dislocation of proximal interphalangeal joint, right middle finger with osteoarthrosis is granted. The disability has been rated as noncompensable under Diagnostic Code 5229 and the current evaluation is increased to 10%.

The Board has raised questions about the exact nature and etiology of the Veteran's cervical, lumbar spine, and right knee disabilities. The case is being remanded for further development to clarify these issues.

The Veteran's appeal is being remanded due to the need for a supplemental statement of the case regarding his claim for an initial rating in excess of 10 percent for degenerative changes of the right knee, and a statement of the case must be issued with respect to whether new and material evidence has been received to reopen his claim for service connection for a back disorder.

The Veteran's service-connected disabilities, while significant, do not render him unemployable as he is capable of performing the physical and mental acts required by employment.

The Veteran's appeal for a compensable rating for pseudo folliculitis barbae has been withdrawn. The remaining issues of increased disability evaluation for right knee disability and service connection for left knee disability are remanded for additional development.

The Board has reopened the Veteran's claims for service connection for right knee and low back disabilities based on new evidence showing aggravation during active duty.,Service connection is granted for a right knee disability due to permanent aggravation in service. Service connection is also granted for a low back disorder, as the evidence supports a finding that it was incurred or aggravated by military service.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is denied as there is no evidence of fault on the part of VA in the May 2006 right knee replacement surgery, and his current disability is reasonably foreseeable.

The Board has granted service connection for left knee patellofemoral syndrome and osteoarthritis, as well as left shoulder supraspinatus tendinosis and acromioclavicular joint degenerative joint disease. The Veteran's conditions are found to be related to her active service.

The Board has determined that the Veteran's current left knee disability is at least as likely as not incurred during service, and thus grants service connection for a left knee disability. The claim of an increased rating for low back disability prior to April 18, 2008, and from April 18, 2008 forward, has also been granted.

The Board has determined that the Veteran does not have a diagnosed left knee disability, and his service-connected lumbar spine and cervical spine disabilities do not meet the criteria for higher ratings. The Veteran's tinea pedis is rated appropriately, as are his hearing loss and CTS. His acquired psychiatric disorder, right ankle condition, and head injury with headaches and myofascial pain syndrome do not warrant increased ratings. Finally, the Board has determined that the Veteran meets the criteria for TDIU based on his service-connected disabilities.

The Board is remanding the claims for service connection for bilateral pes planus, hearing loss, residuals of a deviated nasal septum (withdrawn), left ankle disorder, bilateral knee disorder, bilateral hip disorder, heart disorder, hypertension, gastroesophageal reflux disease (GERD), and obstructive sleep apnea. The Board is also remanding the claim for an initial rating higher than 50 percent for PTSD.

The Board has determined that the Veteran's current bilateral knee, hip, shoulder, and low back disorders are related to his in-service femur fractures.

The Veteran's appeal is being remanded for additional development, including obtaining VA medical records and scheduling a VA examination to assess the severity of his service-connected left knee disability and any diagnosed chronic right shoulder disability. The issue of benefits under Chapter 18 for spina bifida will also be addressed.

The Veteran's appeals for increased ratings for his service-connected right knee conditions were denied. The Board found that the evidence did not support a higher rating than what was already assigned.

The Board has determined that the current medical evidence is not adequate to make a determination on the Veteran's claims for service connection for right and left knee disabilities. The case is being remanded to obtain additional information from the Veteran, clarify his National Guard service dates, and schedule him for an appropriate VA examination.

The Board finds that the Veteran's left knee disorder did not have its clinical onset in service, arthritis of the left knee was not manifested within one year of discharge from service, and a left knee disorder is not otherwise related to active duty or to a service-connected disability. Therefore, service connection for a left knee disorder is denied.