Knee decisions — 2005

The Board found that the veteran does not have current diagnoses of bilateral Achilles tendonitis, left ankle disorder, or right knee disorder. Therefore, service connection for these conditions was denied.

The Board has determined that the veteran's right knee degenerative joint disease is as likely as not related to injury or disease incurred during active military service.

The Board has determined that no new and material evidence has been received to reopen the veteran's claim for service connection for a right knee disorder, resulting in a denial of the appeal.

The Board denied service connection for pes planus, low back disability, heart disorder (pericarditis), bilateral hearing loss, right knee disability, and hallux valgus of the feet. The veteran's preexisting conditions were not shown to be aggravated by military service.

The Board denied service connection for patellofemoral pain syndrome of both knees, but granted a 10 percent evaluation for allergic conjunctivitis.

The Board denied an earlier effective date for the TDIU due to lack of ascertainable increase within a year of receipt of claim.

The veteran's claims for increased ratings for traumatic arthritis of the left and right knees have been denied. The VA has not found sufficient evidence to grant higher disability ratings under the applicable diagnostic codes.

The Board has denied the veteran's request to reopen his claim for service connection for a left knee disorder, finding that the new evidence does not establish a link between the current disability and military service.

The veteran's appeal of the denial of service connection for subarachnoid hemorrhage has been withdrawn. The remaining issues of entitlement to an initial disability evaluation in excess of 30 percent for migraine headaches and entitlement to a total disability rating based on individual unemployability resulting from service-connected disabilities are addressed.

The Board has determined that the veteran did not meet the schedular requirements for TDIU prior to August 6, 2001 and there is no evidence of unemployability due solely to service-connected disabilities prior to this date. Therefore, an effective date earlier than August 6, 2001 for TDIU is denied.

The Board has granted an increased evaluation from 10 percent to 20 percent for the service-connected osteoarthritis of the right knee, effective October 2003.

The Board found that the veteran's current bronchitis is not related to his military service, and denied his claim for service connection. The right and left knee disorders were also not linked to service.

The VA denied the veteran's claims for increased ratings for his service-connected degenerative arthritis of the left knee and instability of the left knee, as the evidence did not show more than noncompensable levels of disability.

The Board has denied the veteran's claims of entitlement to service connection for left and right knee disabilities, finding no evidence that these conditions are related to service or a service-connected disability.

The veteran's claims for service connection for a psychiatric disorder, seizure disorder, hypothyroidism, and joint inflammation of the shoulders, elbows, and right knee were all denied as there is no evidence linking these conditions to her military service.

The Board has determined that the veteran's right knee disorder and poliomyelitis were not incurred in or aggravated by service, nor may arthritis of the right knee be presumed to have been incurred therein. The claim for poliomyelitis is denied.

The Board has remanded the case for additional development due to incomplete evidence and legal defects in previous decisions.

The veteran's appeal is being remanded due to the need for a personal hearing before a Veterans Law Judge at the RO.

The Board has determined that the veteran's right knee disability does not warrant a rating in excess of 20 percent, and his low back disability warrants a 20 percent evaluation. The claims for higher ratings are denied.

The Board found that the veteran's left knee osteoarthritis did not warrant a compensable rating from September 22, 1998 through March 7, 1999. From March 8, 1999 onwards, the disability warranted a 10 percent rating.