Knee Board decisions

The Board found that the current right knee disability was not incurred in or aggravated by service and is not proximately due to a service-connected disability.

The Board found no evidence of a current disability related to service, including herbicide exposure. The Veteran's prostate cancer and left knee disability were not shown to be incurred in or aggravated by active duty.

The Veteran's right knee disability, including instability and degenerative arthritis, warrants a rating of 20 percent under DC 5261 for limitation of flexion to 15 degrees. A separate 10 percent rating is granted for slight instability.

The Board found that the January 2003 and September 2003 RO adjudications denying service connection for a right knee disability as secondary to a service-connected left knee disability were not clearly and unmistakably erroneous, but granted the Veteran's claim of CUE in those decisions.

The Board found that the reduction of the disability evaluation for left knee degenerative arthritis from 20 percent to 10 percent, effective July 1, 2007, was proper based on clear and unmistakable error (CUE).

The Veteran's right knee arthritis, with associated meniscus tear and ACL injury, has not resulted in more than a 10 percent rating since the grant of service connection. The current 10 percent rating is maintained as there is no evidence of additional functional loss due to pain or instability.

The Board has determined that the Veteran's osteoarthropathy of the right and left knees does not present such an exceptional or unusual disability picture with related factors as marked interference with employment, frequent periods of hospitalization, or other factors as to render impractical the application of the regular schedular standards. Therefore, the criteria for referral for extraschedular evaluation have not been met.

The Board found that degenerative joint disease of the lumbosacral spine and osteoarthritis of the knees did not develop as a result of service or any service-connected disability, and thus denied both claims.

The Veteran's claims for service connection for a bilateral knee disability and variously diagnosed psychiatric disability, to include PTSD, are being remanded due to the need for additional examinations and records.

Service connection is granted for a cervical spine disorder and left knee disorder, as these conditions were confirmed within one year of separation from active duty. Service connection is denied for the hysterectomy residuals due to lack of medical necessity.,Veteran's cervical spine and left knee disorders are service-connected based on evidence showing osteophytosis within one year of her separation from active duty. The hysterectomy was found to be elective rather than medically necessary.

The Veteran has withdrawn his appeals for the initial ratings of 20% and 10% for L4-L5, L5-S1 posterior lumbar fusion, osteoarthritis, right knee, and osteoarthritis, left knee. As a result, these claims are dismissed.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his service-connected knee disabilities and to obtain relevant medical records. The issues include seeking higher ratings for left knee osteoarthritis and right knee replacement, as well as entitlement to service connection for left knee instability.

The Veteran's right knee disability, which included arthritis and limited motion due to pain, warranted a 10 percent rating for the period prior to June 1, 2009.

The Board has granted service connection for tinnitus and denied the Veteran's claim of entitlement to an effective date prior to July 6, 1987 for the grant of service connection for PTSD. The Veteran's right knee disorder is not considered service-connected.

The Board found that new and material evidence has not been submitted to reopen the claim of service connection for a right knee disorder, as the Veteran's current symptoms do not appear related to her active service.

The Board has granted a 20 percent rating for the right knee disability, finding that it meets the criteria under DC 5258 based on meniscal tears and effusion. The other issues of service connection have been addressed.

The Veteran's right knee disorder, including meniscus and ACL tears with degenerative joint disease, was rated at 50 percent prior to December 1, 2006; 20 percent thereafter to July 24, 2008; and 30 percent thereafter. The rating for right knee instability remains at 10 percent.

The Board has determined that the Veteran's current left knee disorder is related to his military service, and thus grants the claim for service connection.

The Board has granted service connection for sleep apnea and found that the Veteran's right knee disability is not service connected. The claim of entitlement to service connection for a right knee disability will be remanded.

The Veteran's appeal is being remanded for additional development, including examinations to assess the severity of his service-connected right knee disability and whether he has a left knee disability related to his service-connected right knee disability.