Knee decisions — 2004

The veteran requested to withdraw his appeal, and the Board dismissed the case due to this request.

The Board denied the veteran's claims for increased evaluations for arthritis of both knees, finding that the evidence did not meet the criteria for a higher rating based on limitation of motion or instability.

The Board has determined that the veteran's service-connected knee disabilities do not warrant higher disability ratings as they do not result in subluxation or instability, and there is no additional functional loss due to pain, weakness, fatigue, or incoordination.

The Board denied the veteran's claims for service connection for a hiatal hernia, increased rating for arthritis of the left knee, and effective date for service connection for ventral incisional hernia. The appeal was dismissed due to lack of evidence supporting these claims.

The veteran's claims for increased evaluations for his right knee and shoulder disorders were denied. The RO found that the evidence did not support a higher evaluation based on the current symptoms of pain and range of motion.

The Board has determined that additional evidence is needed to properly evaluate the veteran's claims, including updated examinations and clarification of his need for aid and attendance due to service-connected disabilities.

The veteran is seeking service connection for head injuries, a left knee disorder, and PTSD. The case has been remanded due to the need for additional evidence from Balboa Naval Hospital and verification of specific events on board USS Thomas Jefferson.

The veteran's claim for an increased evaluation for his right iliofemoral bypass surgery was granted. However, he is not entitled to a higher initial rating for his chondromalacia and meniscus tear, right knee.,The veteran successfully obtained an earlier effective date for the grant of service connection for his right knee disability, which has been rated at 10% since December 2000.,The veteran's claim for a higher initial evaluation was denied as there is no additional limitation of motion or functional loss to warrant such a rating.

The Board denied the veteran's claims for service connection and increased ratings for low back strain, bilateral tinnitus, right shoulder sprain, right ankle sprain, and left knee injury. The VA found no evidence of a nexus between current disabilities and service.

The Board has remanded the case for further development to consider additional evidence and determine appropriate disability ratings for the veteran's knee disabilities.

The Board has determined that the effective date for entitlement to TDIU should be March 24, 1998, but no earlier. The veteran's private care provider established in a treatment note dated March 24, 1998, that he was precluded from substantially gainful employment due to his bilateral knee pathology.

The Board granted an increased rating of 40 percent for post-phlebitic syndrome of the left leg, effective from January 12, 1998. The veteran's claims for service connection for various disabilities were also granted as secondary to his service-connected post-phlebitic syndrome of the left leg.

The Board has determined that the veteran does not have a right knee disability, excluding residuals of removal of Baker's cyst, or any other neck/upper back disability, including a left neck lump, that was incurred in service. The VA medical records do not support these claims.

The veteran's lumbar spine, left knee, right knee, right fibula, and right foot disabilities are all rated at the maximum allowed under VA disability rating criteria.,The veteran's left bicipital tendonitis and right bicipital tendonitis have also been rated at their maximum allowable levels.

The veteran's service-connected right and left knee disabilities, as well as his left median carpal tunnel syndrome (minor), were rated based on their current manifestations. The RO granted increased ratings for the knees but denied an increase in rating for the carpal tunnel syndrome.

The veteran's claims for increased evaluations and service connection were denied. The VA determined that the residuals of his left knee injury do not warrant a compensable evaluation, and he does not have a low back disability related to his service-connected conditions.,The VA found no evidence of a low back disability present in service or within one year after discharge, and concluded that any current low back disability is not etiologically related to the veteran's service.

The Board denied the veteran's claim for an increased evaluation for his right knee disability, finding that there was no medical evidence establishing that his condition met the criteria for a higher rating.

The Board found that the veteran's bilateral hip and knee disabilities are not related to his military service, including the shell fragment wound he sustained in April 1970. Degenerative joint disease of the hips was not diagnosed within one year of his discharge. The claim for increased rating for PTSD was granted.

The veteran's right knee strain is rated at 10 percent due to degenerative arthritis, and his service-connected left knee disability does not warrant a higher rating. The claims for bilateral hearing loss and tinnitus are denied as there is no evidence of current disabilities.

The Board has remanded the case for additional development, including a VA examination to determine the nature and etiology of any current right wrist, right knee, and left knee disabilities.