Knee Board decisions

The Board finds that the veteran's left knee disability does not warrant a rating in excess of 30 percent.

The Board has remanded the case due to inadequate examination and incomplete development of records.

The Board denied service connection for chondromalacia of the right knee and residuals of an abrasion of the left knee. The claims for reopening of low back, neck, shoulder, and narcolepsy were also denied. Service connection was not granted for pes planus.

The veteran's claims for increased ratings for his shoulder and knee disabilities are being granted.,For the left shoulder, a rating greater than 10 percent is denied prior to August 13, 2000, but since then he has been rated at 20 percent. For the right shoulder, a rating of 20 percent is granted effective from October 16, 2002.,For his left knee disability, which was service-connected in March 2003, a 20 percent rating is granted since its effective date of September 16, 2002. For the right knee disability, a 20 percent rating is also granted since October 16, 2002.,The veteran's claim for TDIU has been granted based on his service-connected disabilities.

The Board found that the veteran's right knee disorder, diagnosed as osteocartilaginous exostosis of the right lateral femoral metaphysis, did not undergo an increase in severity during service and is unrelated to any inservice events. The left knee disorder was also denied as it did not originate during active duty and is not related to any inservice events.

The veteran's claimed disabilities, including joint pain and other symptoms, were not incurred in or aggravated by service. The VA has determined that there is no positive association between exposure to herbicides and any of the conditions listed.

The Board found that the veteran's right knee disability was not caused by VA carelessness, negligence, or similar fault. Therefore, his claim for compensation under 38 U.S.C.A. § 1151 was denied.

The veteran's claims for an initial evaluation in excess of 30 percent for PTSD; dysthymic disorder, service connection for sleep apnea, and reopening the claim for left knee arthritis were denied. The Board found that new and material evidence had not been submitted to reopen the claim for left knee arthritis.

The Board has ordered a remand for the veteran to be scheduled for an examination and medical opinion regarding his knee, back, and psychiatric disorders. The case will also be reviewed to determine if there is new evidence that could reopen his claim for service connection of an acquired psychiatric disorder.

The Board has determined that the veteran's bilateral knee disability is proximately due to or caused by his service-connected low back disability, and thus grants service connection for this condition.

The Board has determined that the veteran does not have a current clinically established bilateral knee disorder and arthritis may not be presumed to have been incurred or aggravated in service. Therefore, service connection for left and right knee disabilities is denied.

The Board denied the veteran's claims for increased ratings for his right knee disability and herniated nucleus pulposus with spondylolysis of the lumbosacral spine, finding that the evidence did not meet the schedular criteria for higher ratings.

The claim for an increased rating for traumatic synovitis of the right knee is being remanded due to a lack of recent treatment records and examination reports.

The veteran's knee disability was not rated higher than the assigned noncompensable and 10 percent ratings for the periods specified. For the period from November 18, 1996 to March 12, 2003, the knee did not meet criteria for a rating in excess of 10 percent due to limitation of motion with pain. From March 13, 2003 to the present, the knee disability was rated as 20 percent disabling based on moderate limitation of motion and instability.

The Board denied the veteran's claims for increased evaluations of his service-connected right and left knee disabilities, finding that the schedular criteria did not meet the requirements for a higher rating.

The veteran's claims for higher initial ratings for right shoulder impingement syndrome, left knee ligament laxity, and arthritis of the left knee with chondromalacia were denied. The claim for service connection for bilateral tinnitus was also denied.

The Board has determined that the veteran's right knee arthritis, status post arthrotomy and medial meniscus excision warrants a 20 percent evaluation.

The veteran's claim for service connection for right knee disability is being remanded due to the need for a VA examination and further development of his claims.

The veteran's case is being remanded for a Travel Board hearing at the M&ROC. The issues of service connection for synovitis of both knees, hands, left hip, and low back are pending.

The Board has granted service connection for tendonitis of the knees. The issue of an initial rating higher than 10 percent for scoliosis of the cervicothoracic spine with radiculopathy of the shoulders and wrist is remanded due to need for further development.