Knee decisions — 2006

The Board has determined that the veteran's service-connected chondromalacia of the left and right knees do not warrant a higher initial rating as their current disability ratings are already at the maximum schedular rating.

The veteran's claims for increased ratings for his right knee ligament tear and degenerative joint disease of the right knee were denied due to failure to appear at a scheduled VA examination.

The veteran's claims for service connection were granted, with a 20 percent rating assigned for left shoulder pain and crepitation due to undiagnosed illness effective March 13, 2006. The other issues remain in controversy.

The Board denied the veteran's claims for service connection for residuals of a left knee injury with healed lacerations, hip disorder, and back disorder. The Board found that the preexisting conditions were not aggravated by service.

The Board dismissed the appeal on the issues of service connection for arthritis in the low back and bilateral hips, as well as the increased rating claim for pes planus. The veteran withdrew his appeals on these matters prior to a decision.

The veteran's service-connected right knee disability is being remanded for further evaluation and possible additional evidence collection.

The veteran's tinnitus is granted service connection. From May 1, 2005, the veteran is entitled to a 20 percent rating for his left knee disability (residuals of shell fragment wound with traumatic arthritis). The veteran is also entitled to a 20 percent rating for instability of the left knee as of that date.

The veteran's claims for increased ratings for Crohn's disease, chronic left knee strain, migraine headaches, and left shoulder pain were denied. The conditions are rated based on their direct effects rather than any service connection theory.

The veteran's appeal is being remanded for additional development, including obtaining private treatment records and scheduling a VA examination to assess his right knee disability.

The Board found that there is no competent evidence linking the veteran's right knee disability to his active duty service, and thus denied the claim for service connection.

The Board denied the veteran's claim for an initial evaluation in excess of 10 percent for osteoarthritis of the right knee, finding that his current disability level is adequately represented by the existing 10 percent rating.

The Board has denied the veteran's claims for service connection for various conditions, including hypertension, left knee osteoarthritis, foot/toe disorders, sinus disorders, bilateral carpal tunnel syndrome, dyslipidemia, hypokalemia, insomnia, and hyperuricemia. The appeals are all denied as there is no evidence of a direct relationship between these conditions and the veteran's service.

The Board has determined that the veteran's claims for increased evaluations of his left knee, lumbar spine, and cervical spine disabilities are not supported by the evidence provided. The current disability ratings adequately reflect the severity of these conditions.

The Board has decided to remand the case for further development, including obtaining a VA orthopedic examination and providing notice regarding disability ratings and effective dates.

The Board denied increased ratings for the veteran's cervical spine injury, left knee synovitis with chondromalacia, and right wrist injury.

The veteran's claims for service connection and increased evaluations were denied. The Board found no evidence of in-service injury or disease that would support these claims.

The Board has granted an increased disability evaluation of 30 percent for the service-connected status post medial meniscectomy with degenerative joint disease of the left knee, effective from January 1, 2004.

The Board has granted a 60 percent disability rating for the veteran's service-connected left knee disability, effective from the date of the initial decision. The right wrist fracture remains at a 10 percent rating.

The Board found no evidence to support the veteran's claims for PTSD, and denied service connection.,There is no current evidence of residuals of an injury to the legs. The VA examiner stated that there was no evidence of ongoing problems with shin splints or residual knee issues.

The veteran's appeal is being remanded for additional development, including providing proper VCAA notice and submitting the issue of an increased evaluation for a left knee disability to the VA Chief Benefits Director or the Director of the VA Compensation and Pension Service for consideration of an extraschedular evaluation.