Knee decisions — 2006

The veteran's service-connected left knee patellar tendonitis and lumbosacral strain are currently rated at 10 percent, but the evidence does not support a higher rating for either condition.

The Board denied service connection for hearing loss, a postoperative right foot disability, and a right knee disorder. The claims were not reopened due to the lack of new and material evidence.

The Board has remanded the case for a hearing before a Decision Review Officer (DRO) at the RO. The veteran's claims of service connection for various disabilities remain pending.

The veteran's claim for financial assistance in purchasing an automobile and necessary adaptive equipment was denied as her service-connected disabilities do not meet the eligibility requirements.

The Board has determined that the veteran's degenerative arthritis of the right knee is secondary to his service-connected left knee disability and grants this claim. The bilateral ankle disability issue remains pending as it requires further examination.

The Board has determined that the veteran's service-connected knee disabilities do not warrant an increased rating based on current symptomatology, as there is no evidence of recurrent subluxation or lateral instability. The veteran's symptoms are primarily related to pain and limitation of motion.

The Board found that the veteran's right knee disorder was not incurred in or aggravated by active service, and denied her claim for service connection.

The Board found no evidence of a diagnosed bilateral knee condition, back condition or depression during service or within the decades following service. Therefore, the claims for these conditions were denied.

The VA denied an increased rating for the veteran's left knee injury, currently rated at 10 percent. The VA found that the veteran's condition does not warrant a higher evaluation based on limitation of motion or arthritis.

The veteran's appeal is being remanded for additional development, including obtaining treatment records and scheduling a VA examination to assess the current level of disability associated with his left knee disorders.

The Board denied the veteran's claims of service connection for numbness of the left leg, bilateral knee disorder, and bilateral ankle disorder. The Board also found no evidence to support a claim for a right hand disorder as secondary to a service-connected right shoulder disorder. The Board also denied the veteran's claim for sleep apnea due to lack of in-service diagnosis or connection.

The Board denied increased ratings for the veteran's service-connected schizoaffective disorder, cervical myositis, lumbosacral paravertebral myositis, and patellar tendonitis of the right knee due to failure to report for VA examinations without good cause.

The Board denied the veteran's claims for service connection for diabetes mellitus, renal kidney disease, brain damage, a heart condition, a bilateral knee condition, and residuals of calcaneal stress fracture due to lack of evidence showing these conditions were incurred or aggravated by service.

The Board has ordered the case to be remanded for further development and consideration, including an analysis of whether the presumption of soundness has been rebutted.

The Board has determined that the veteran's right knee and leg disabilities, including arthritis of the knee, are not service connected as secondary to his service-connected right ankle and foot disabilities. Similarly, the low back disability is also denied as being service connected due to a link to his service-connected right ankle and foot disabilities.

The Board found no evidence of current chronic bilateral knee disability or left ear hearing loss for which service connection can be granted. The veteran's right ear hearing loss is not compensable.

The veteran's death was caused by cardio-respiratory arrest, with atherosclerotic heart disease and hypertensive vascular disease contributing substantially to his death. The appellant has established that the veteran had internment as a POW for at least 30 days, which qualifies him for presumptive service connection under the revised regulations.

The Board found no evidence to support a service connection for degenerative arthritis, left knee, and denied the claim.

The Board has determined that a rating of 20 percent is warranted for postoperative residuals of right knee chondromalacia, and a separate 10 percent rating is granted for arthritis of the right knee as of December 16, 2004. The veteran's claim for an increased rating for her service-connected right knee disability has been granted.

The Board denied the veteran's claims for increased ratings for his right femur disability and right knee scar, finding that the evidence did not support a higher rating than the current 30 percent assigned for the right femur disability or the 10 percent assigned for the right knee scar.