Knee decisions — 2006

The Board has determined that new and material evidence has not been submitted to reopen the claims of service connection for low back and left knee disabilities. The veteran's primary disabilities include a status post-lumbar laminectomy, anxiety, left knee pain, hearing loss, varicosities of the right leg, and tinea versicolor. The need for aid and attendance or being housebound has not been established.

The Board has determined that the veteran's hypertension, heart disease, bilateral hearing loss, tinnitus, low back disability (arthritis), left knee disability, residuals of a left hand injury with tremors, and degenerative arthritis of the left shoulder were not incurred in or aggravated by active service. The claims for increased ratings are also denied.

The Board has determined that the veteran's current bilateral knee disorders, including arthritis, were incurred in service and granted service connection for these conditions.

The Board found no evidence linking the veteran's current left knee disorder or perianal cyst to his military service, and denied both claims.

The Board found that the veteran's hysterectomy was not incurred in service and denied her claim for a higher rating for left knee patello-femoral syndrome. The medical evidence did not support a finding of direct service connection.

The veteran's claim for TDIU was granted with an effective date of March 14, 2002. The RO considered the January 1995 SSA award letter as a pending claim for TDIU and determined that the earliest date entitlement arose is October 19, 2000.

The Board found that the veteran's right knee disorder was not incurred in or aggravated by service and denied his claim for service connection. The special monthly pension claim is also denied.

The Board has dismissed the appeal due to the appellant's withdrawal of his appeal.

The Board has determined that the veteran's right knee disorder warrants a 10 percent disability rating, effective from January 1972. The appeal is denied as there are no criteria met for an increased rating.

The Board denied the veteran's claims for service connection for an acquired psychiatric disorder, including PTSD; whether new and material evidence was received to reopen a claim for entitlement to service connection for bilateral carpal tunnel syndrome and numbness to the arms; and ratings in excess of 10 percent for herniated muscle of the left thigh and chondromalacia of the right knee. The veteran's claims were also denied for earlier effective dates.

The veteran's service-connected left foot scars, as secondary to the service-connected disability of amputation of great, second and third toes of the left foot are rated at 10 percent. The veteran is not entitled to a higher rating under applicable diagnostic codes.

The veteran withdrew his appeals for increased disability ratings above the existing 30 percent for a right knee disability and 30 percent for a right hip disability.

The Board has reopened the veteran's claim for service connection for a left knee disability and remanded it to the RO for further evaluation. The issue is whether new and material evidence has been submitted to reopen the claim.

The Board has remanded the veteran's claims for initial ratings in excess of 10 percent for residuals of a left knee injury and a left foot disorder, status post excision of Morton's neuroma. The RO is to schedule the veteran for an appropriate VA examination(s) to set out orthopedic and neurological findings, and to determine the current severity and all current manifestations of his service-connected disabilities.

The veteran is granted an effective date of August 24, 1999 for the grant of service connection for the residuals of a left knee laceration with traumatic arthritis. The issue of entitlement to a higher rating for the left knee disability is remanded.

The Board denied the veteran's claims for service connection for a psychiatric disorder and increased ratings for his left knee and left shoulder disabilities. The decision also noted that there was no evidence of a nexus between any current psychiatric or musculoskeletal conditions and service.

The Board denied the veteran's claims for service connection for bilateral knee and foot disorders, as well as a rating in excess of 10 percent for her lumbar strain with degenerative disc disease. The appeals were based on direct evidence rather than presumptive exposure or new and material evidence.

The Board denied the veteran's claims for service connection for right hip and right knee disabilities, finding no evidence to support a link between these conditions and his active duty service.

The veteran's right knee disability, including his ruptured spinal disc at L4-5, is rated at 60 percent due to severe painful motion and weakness. The rating is effective as of the date of the decision.

The veteran's appeal is being remanded for additional development due to the need for VCAA compliance and further medical examination.