Knee Board decisions

The Veteran's service connection claims for migraine headaches, cervical spine disorder, left shoulder disorder, and degenerative joint disease of the knees are granted. The Veteran is awarded a 10 percent rating for lumbar strain with degenerative changes from April 18, 2006 to January 4, 2008, and an increased evaluation to 40 percent thereafter. He also receives a non-compensable rating for his scar of the anterior neck and burn scar of the right hand. The Veteran's scrotal varices disability is rated as non-compensable, while his degenerative joint disease of the left knee and right knee are each rated as non-compensable.

The Board has determined that the Veteran's right hip arthritis and degenerative joint disease of the right knee were not incurred in or aggravated by service, and therefore denied service connection for these conditions. However, a suture scar on the right knee was found to be related to service.

The Veteran's claims for service connection for hypertension, left knee condition, and right knee condition are being remanded due to the need for additional development including VA examinations.

The Board has determined that the Veteran's service-connected left knee meniscus tear, traumatic arthritis of the left knee, and arthritis of the right knee do not warrant increased disability ratings as they do not meet the criteria for higher ratings under applicable diagnostic codes.

The Board has remanded the case due to the need for additional development, including obtaining SSA disability benefits records and medical records.

The Veteran's claims for service connection and increased ratings were denied. The Board found no evidence of a current right knee disorder or left knee disability, and thus denied the claims.

The Board has determined that the Veteran's current right knee complaints are less likely as not caused by a June 2000 injury during active duty for training, and arthritis of the right knee was not manifest within one year of separation from service.

The Veteran's right knee disability was rated at 50% prior to August 1, 2007. The RO reduced the rating to 20%, effective from August 1, 2007.

The Veteran's right knee disability is manifested by osteoarthritis with chondrocalcinosis, significant pain, and noncompensable limitation of flexion and extension without instability. The Board found that the current rating adequately reflects his symptoms.

The Veteran's service-connected left knee disability, status post total left knee arthroplasty, is currently rated at 100 percent effective June 25, 2008.

The Veteran's claim for an evaluation in excess of 10 percent for left knee arthritis is denied. The evidence shows mild degenerative changes with some restricted and painful range of motion, but no additional disability or loss of range of motion upon repetitive testing.

The Board found no evidence linking the Veteran's current left knee disability to his military service, including an in-service injury. The preponderance of evidence does not support a finding that the Veteran's current condition is related to service.

The Veteran's left knee disability, characterized by pain and limited motion, has been rated at 10 percent since October 2006. The Board finds that the evidence does not support a higher rating based on current functional impairment.

The Board has determined that compensation is not warranted for either left or right below-the-knee amputation due to the failure of VA carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.

The Veteran's claims for service connection for bilateral hearing loss, tinnitus, low back disorder, headache disorder, left shoulder disorder, and left knee disorder are being remanded due to the need for additional development of his medical records.

The Veteran's right knee disability is rated at 10 percent, and his left knee DJD disability is rated at 20 percent. The left knee instability disability was initially rated at 20 percent from July 7, 2006 to July 6, 2006, then decreased to 0 percent effective July 22, 2008.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling examinations to assess the severity of his service-connected knee disability and scars.

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

The Board denied service connection for a bilateral knee disorder as secondary to the Veteran's service-connected gunshot wound of the right lower leg, and also denied special monthly compensation based on need for regular aid and attendance. The evidence did not support these claims.

The Board has previously denied an effective date earlier than June 8, 2000 for the grant of service connection for degenerative joint disease of the left knee. The case is being remanded to determine if a more favorable effective date can be assigned.