Knee decisions — 2006

The Board finds the preponderance of evidence against a disability rating in excess of 20 percent for the veteran's right knee disability.

The Board denied the veteran's claims for service connection for tinnitus, headaches, and bilateral hearing loss. The claim for increased evaluation of right knee disability was also denied. No new evidence has been submitted to reopen any previously denied claims.

The Board found that the veteran's left knee disability is appropriately evaluated as 10 percent disabling under Diagnostic Code 5003, and his bilateral hearing loss has not met or approximated criteria for a compensable evaluation.

The veteran's appeals for temporary total evaluations, increased ratings for low back and right knee disabilities, and left ear hearing loss were denied. The claim for Dependents' Educational Assistance (DEA) benefits was also not granted.

The Board found no current bilateral knee disorder, denied service connection for allergic conjunctivitis and atopic dermatitis on allergen exposure, but granted service connection for allergic rhinitis. The veteran's hearing loss is rated as zero percent disabling.

The Board found that the veteran's right knee disability did not have its onset during her period of active service and is not presumed to be related to military service. The VA examiner concluded it was less likely than not that the current right knee disability had its onset during her period of active service.

The Board has determined that the veteran's bilateral knee disorders are secondary to his service-connected residuals of shrapnel fragment wounds of the leg.

The Board has determined that the veteran's current right knee osteoarthritis, which is moderate in the medial joint compartment and severe in the patellofemoral compartment, is etiologically related to service. As such, the claim for service connection for residuals of a right leg and knee injury is granted.

The veteran's claims of entitlement to increased disability ratings for service-connected right and left knee disabilities are being remanded due to the need for additional development, including obtaining updated medical records and a VA examination.

The Board has granted increased ratings of 20 percent for left knee disability based on arthritis with limitation of motion, effective April 25, 2005, and a separate 20 percent rating for left knee disability based on recurrent subluxation or lateral instability, also effective April 25, 2005.

The Board has determined that the veteran does not have a current disability for which service connection can be granted, specifically refractive error of the eyes, a back disorder, or a left knee disability. The claims are denied.

The Board denied the veteran's claim for service connection for a right knee disability, finding that it was not incurred or aggravated by his service-connected left knee disability.

The Board denied the veteran's claim for service connection of a right knee disability, finding that his condition existed prior to service and was not aggravated by service.

The VA determined that the appellant's left knee disability warranted a 10 percent evaluation, which was in effect from November 1, 2002 until October 31, 2002. After this period, the disability did not warrant an increase beyond 10 percent.

The veteran's service-connected disabilities, including bilateral knee replacements and pes planus, are of such severity that he is unable to secure or follow a substantially gainful occupation.

The veteran's claims for service connection for left shoulder, bilateral knee, and bilateral ankle disabilities were denied. Service connection was also denied for his pre-existing pes planus. The veteran's claim for a compensable rating for status post pelvic injury with residual of asymmetry of symphysis pubis was not granted.

The veteran's claims for increased ratings for degenerative joint disease of the right knee and right knee instability were denied as there is no evidence of severe instability or limitation of motion warranting higher ratings.

The Board denied the veteran's claims for increased ratings for his left knee disabilities and TDIU, finding that the evidence did not meet the criteria for higher ratings under the applicable diagnostic codes.

The Board has remanded the case due to incomplete records and further evaluation is needed.

The Board has granted service connection for a bilateral knee disorder as secondary to the veteran's service-connected degenerative arthritis of the lumbar spine.