Knee decisions — 2005

The veteran's right peroneal nerve injury, instability of the right knee, and postoperative residuals of a right anterior cruciate ligament reconstruction with degenerative joint disease are all rated at their maximum allowable levels.

The Board denied the veteran's claims for service connection for hypertension, a bilateral knee disability, and an eye disorder. The veteran also claimed secondary service connection for diabetes mellitus and prostate cancer due to in-service herbicide exposure, but these claims are not currently adjudicated as they are not part of the current appeal.

The veteran's nonservice-connected disabilities do not meet the criteria for a permanent and total disability rating necessary to qualify for VA non-service-connected pension benefits.

The Board has determined that the veteran's sleep apnea is related to his service-connected hypertension, and therefore grants service connection for this condition. The other knee and ankle disabilities are not found to be directly related to service.

The Board denied the veteran's claims for an increased rating for bilateral hearing loss and service connection for bilateral knee degenerative joint disease. The decision found no evidence of a nexus between the current disabilities and military service.

The Board has granted the application to reopen the claim for service connection for PTSD and remanded the right knee disorder issue.

The Board has remanded the case to the RO for additional development, including obtaining service medical records and seeking alternate medical records. The veteran's claim will be readjudicated based on all evidence added since the March 2004 Supplemental Statement of the Case.

The Board has reopened the claim of entitlement to service connection for a left knee disorder due to new and material evidence. The issue of whether there was CUE in the January 1972 rating decision denying service connection for a back disorder is also remanded.

The veteran's claims for service connection for left carpal tunnel syndrome, degenerative joint disease of the cervical spine, thoracic spine, and lumbar spine have been denied. The right knee disability has resulted in multiple rating changes over time.

The VA determined that the veteran's bilateral knee disability, diagnosed as degenerative arthritis, was not incurred in or aggravated by service and could not be presumed to have been incurred or aggravated due to a service-connected low back disability. The VA found no evidence linking the current condition to military service.

The veteran's appeal for an increased rating for his service-connected postoperative residuals of osteochondroma of the right knee has been dismissed due to his death.

The Board has determined that a medical examination is necessary to address the concerns in the Joint Motion for Remand, including determining if the veteran's left knee disorder preexisted service and underwent permanent increase in severity during service.

The VA denied an increased evaluation for the veteran's postoperative residuals of a right knee injury, currently rated at 30 percent.

The Board denied the veteran's claims for increased ratings for his right ankle and left knee disabilities. The right ankle disability was rated at 10%, while the left knee disability prior to October 15, 1999, was also rated at 10%. However, beginning October 15, 1999, the rating was increased to 30%.

The Board denied the veteran's claims for service connection and increased rating for his upper and lower extremity disorders, excluding shoulders and knees. The evidence did not support a finding of current disabilities or a nexus to service.

The Board denied the veteran's claim for an increased rating for his left knee disability, finding that the effective date of June 25, 1991 was appropriate.

The Board denied service connection for the veteran's claimed right hip, right shoulder, back, right knee, and left knee disabilities due to lack of evidence supporting a current disability or a link to active service.

The veteran's claims for service connection for various conditions were denied as the evidence did not support a finding that these conditions began in or are related to his military service.,Specifically, the Board found no objective medical evidence of undiagnosed illnesses and concluded that the veteran's symptoms were attributable to known diagnoses.

The veteran's appeal is being remanded for additional development to determine if multiple disabilities are separately ratable under the rule in Esteban v. Brown and to obtain sufficient medical evidence to rate them accordingly.

The Board found no evidence of a left knee injury or aggravation during active duty, and denied the claim for service connection.