Knee Board decisions

The Board denied the Veteran's claims for higher initial ratings for his service-connected right knee arthritis and subluxation with a torn meniscus, finding that there was no evidence of worsening or increase in severity of these disabilities.

The Veteran's left knee disorder is not productive of ankylosis, recurrent subluxation or lateral instability, frequent episodes of locking, pain, and effusion, flexion limited to at least 30 degrees, extension limited to at least 15 degrees, impairment of the tibia and fibula, genu recurvatum, or degenerative changes. Therefore, a higher rating is not warranted.

The Board denied the Veteran's claims for increased disability ratings for his service-connected osteoarthritis of the right and left knees, both currently rated at 10 percent.

The Board denied service connection for back disability, left knee disability, and bilateral hearing loss. The claim for right hand disability was not reopened.

The Veteran's left knee disability is currently rated at 10% and his right knee disability has been granted with an initial noncompensable rating. The Board found that the current ratings are appropriate based on the evidence of record.

The Veteran is granted a TDIU based on extraschedular criteria for the period from July 27, 2003 to October 10, 2004 due to his service-connected disabilities.

The Veteran's claims for increased ratings for his knee disorders and service connection for chemical dependency have been denied. The Board found no evidence of ankylosis, severe subluxation or lateral instability, flexion limited to 15 degrees, extension limited to at least 20 degrees, or malunion of the tibia and fibula in either knee. For his chemical dependency claim, the Veteran's service connection theory was not supported as there is no indication that direct service connection can be established due to lack of evidence linking the disorder to active service.

The Board found no evidence of a current right knee disorder related to service, and thus denied the Veteran's claim for service connection.

The Veteran is seeking an earlier effective date for the grant of service connection for traumatic arthritis of the right knee. The Board has remanded this case to determine if there was clear and unmistakable error (CUE) in a November 2003 rating decision that granted service connection with an effective date of June 13, 2002.

The Veteran's claims for increased ratings and service connection were denied. The right knee conditions, PTSD, vision loss, hearing loss, and headaches were not found to meet the criteria for higher disability ratings or service connection.

The Veteran's appeal for an increased rating for patellar tendonitis of the left knee was denied, and service connection for a fractured right 5th toe was also denied. The Board found that the current 10 percent rating under DC 5024 based on limitation of motion is appropriate.

The Board has determined that the appellant is not in need of regular aid and attendance or permanently housebound, thus denying her claims for special monthly pension benefits on those grounds. However, she was granted special monthly pension benefits based on being housebound.

The Board has remanded the case due to the need for a VA examination to determine the etiology of the Veteran's bilateral knee and hip disabilities, which may be related to service.

The Veteran's right knee disability is currently rated at 10 percent before March 29, 2008 and 20 percent from that date. The claim for higher ratings is denied.

The Board denied the Veteran's request to reopen his claim for service connection for residuals of a left knee injury, finding that new and material evidence had not been received.

The Veteran's appeal is being remanded for scheduling a Travel Board hearing on the issue of SMC based on the need for aid and attendance of another. The other issues remain pending.

The Board found that the Veteran's right knee degenerative joint disease was not incurred in or aggravated by her military service and is not related to a known clinical diagnosis. The claim for service connection was therefore denied.

The Board has reopened the claim of entitlement to service connection for right knee disability on the basis of aggravation, and finds that new and material evidence has been received. The Veteran's pre-existing right knee condition was aggravated by service.

The Veteran's service-connected left retropatellar pain syndrome, with popital cyst of the left knee, has been rated at 10 percent since April 3, 2003. The Board finds that this rating is appropriate for the periods from April 3, 2003 through May 23, 2004 and after August 1, 2004.

The Board has determined that the Veteran's left wrist and left knee disabilities were not incurred or aggravated during service, nor can arthritis be presumed to have been so incurred or aggravated. The preponderance of evidence is against the claims for service connection.