Knee decisions — 2006

The Board has determined that the veteran withdrew his appeal regarding an earlier effective date for a right knee disability rating. The claim of service connection for a left knee disability is reopened based on new and material evidence, but the issue of whether he can establish service connection remains pending.

The Board found no evidence of a chronic condition during service or an applicable presumptive period, and there is no objective evidence of continuity of symptomatology. The VA examiner concluded that the veteran's current knee problems are not related to his military service.

The veteran's arthritis of the left elbow, right knee, and hands is service-connected. The arthritis of the right elbow, right wrist, and knees are not service-connected.

The VA denied the veteran's claim for a higher rating for her service-connected musculoligamentous strain of the left knee, as secondary to a service-connected right knee disability. The RO found that the evidence did not support a rating in excess of 10 percent.

The Board has determined that the veteran's low back, right ankle, and right knee disabilities were not incurred or aggravated during active military service.

The Board has determined that the veteran's hypertension and kidney disease are not service-connected, as there is no competent evidence linking these conditions to his military service. The knee disability claim was also denied due to a lack of medical evidence showing a nexus between any incident of service and the current condition.

The veteran's appeal has been withdrawn, and the Board is dismissing the case without prejudice.

The Board denied the veteran's claims for service connection for various conditions, including bilateral pes planus, low back disability, bilateral knee disability, brain tumor, headaches, and bilateral shoulder disability. The evidence submitted since the initial denial was not considered material to reopen the claim of service connection for bilateral pes planus.

The Board has determined that the appellant does not meet the criteria for a certificate of eligibility for assistance in acquiring specially adapted housing or adaptive equipment due to his service-connected conditions and other factors.

The Board denied the veteran's claim for service connection for bilateral joint pain of the knees and elbows, finding that there was no evidence to support a direct link between these conditions and his military service. The Board also noted that the veteran did not have objective signs of arthritis in his elbows or knees.

The Board denied the veteran's claims for higher evaluations for his right and left knee disabilities, finding that the evidence did not support ratings in excess of 10 percent.

The Board found that the veteran's disabilities do not render him unable to care for most of his daily needs without requiring A&A, and he is neither bedridden nor a patient in a nursing home. Therefore, the criteria for special monthly pension based on the need for regular aid and attendance (A&A) or housebound status are not met.

The veteran's left knee disability is currently rated at 10 percent, and his low back disability is also rated at 10 percent. The veteran's dysthymic disorder has been rated as 10 percent disabling since July 1, 1998. No higher ratings are warranted for any of these conditions.

The VA determined that the veteran's service-connected disabilities do not render her unemployable, as she is able to work part-time and attend school.

The Board found that the veteran's chondromalacia of both knees did not warrant an evaluation in excess of 10 percent.

The VA denied the veteran's request for increased evaluations for his left knee disability, assigning a 20% evaluation effective October 5, 2005.

The Board found that the veteran's left knee extension was limited to 10 to 15 degrees and flexion was limited to between 95 and 110 degrees, which does not meet criteria for an evaluation in excess of 20 percent. The appeal is denied.

The Board has remanded the case for additional development, including obtaining medical records and verifying stressors claimed by the veteran.

The veteran's service-connected postoperative residuals of a left knee injury and traumatic arthritis of the left knee with limitation of motion are currently rated at their maximum levels, and an increase in rating is denied. The saphenous nerve involvement of the left knee remains noncompensable.

The veteran's claims for arthritis of the hips and knees, arteriosclerotic heart disease, and initial ratings for his ankle and elbow disabilities were denied. The appeals are not about service connection at all.