Knee decisions — 2006

The Board denied the veteran's claims for service connection for shin splints and bilateral knee disability, finding no new and material evidence to reopen the claims and concluding that there was insufficient medical evidence linking current disabilities to service.

The Board found that service connection is not warranted for asbestosis, hiatal hernia and gastroesophageal disease, or arthritis of the left knee. Service connection was granted for sterility due to mumps orchitis in service. Right knee instability with arthritis is not related to service.

The veteran's appeal has been dismissed as he withdrew his claims for the aforementioned issues.

The Board has remanded the case for additional development, including obtaining service medical records and arranging for an orthopedic examination to determine if the veteran's right knee disorder is related to his military service.

The veteran's non-service-connected disabilities do not meet the criteria for special monthly pension based on need of regular aid and attendance or being housebound.

The veteran's claims for service connection and increased rating for his right knee disability are mixed, with some issues granted and others not. The decision on secondary service connection for left arm, shoulder, and right arm disabilities is pending as the issue of new evidence has been reopened.

The veteran's right knee disability is rated at 20 percent, but the RO denied a higher rating.,Diplopia was not found to be related to service or an undiagnosed illness.,Muscle pain and memory loss were not found to be related to service or an undiagnosed illness.,The claim for arthralgia of shoulders, elbows, and wrists was reopened based on new evidence but denied again.,Fatigue was not found to be related to service or an undiagnosed illness.,Panic disorder without agoraphobia was reopened based on new evidence but denied.

The veteran's claim for a rating higher than 10 percent for postoperative residuals of chondromalacia patella of the right knee prior to October 13, 1998 was denied as there is no evidence showing that his service-connected disability rendered him unemployable during this period.

The Board has determined that the veteran's lower back and right knee disorders are secondary to his service-connected pes planus.,An effective date earlier than April 7, 1970 for the grant of service connection for pes planus with callosities and hyperkeratosis punctate plantaris is not warranted.

The Board denied the veteran's claims for service connection for degenerative joint disease of the knees, secondary to her service-connected low back disability and denied entitlement to a total disability rating based on individual unemployability (TDIU).

The Board has granted a 10 percent rating for osteophytic lipping of the left knee and a separate 10 percent rating for instability of the left knee, both under the criteria for limitation of motion.

The veteran's case is being remanded for further development, including a VA examination to determine the nature and etiology of his left knee disability and depression. The RO will also address the issue of service connection for depression as secondary to the service connected low back disability.

The Board found that the veteran's service-connected chondromalacia of the left knee is manifested by limitation of motion, at most, to 45 degrees flexion with some swelling and pain. As this does not meet the criteria for a rating in excess of 10 percent under Diagnostic Codes 5260 (flexion) or 5261 (extension), the claim was denied.

The veteran's claims for increased ratings for his service-connected right knee and left rotator cuff disabilities were denied by the Board.

The Board has determined that the current evaluations for the veteran's bilateral knee disabilities do not accurately reflect their severity.

The Board denied service connection for lymphoma, bronchial asthma, back disorder, and right knee disorder. The veteran's claim for lymphoma was denied due to lack of a current diagnosis. Service connection for the other conditions is also denied as there is no clear and unmistakable evidence that they were present prior to service or are otherwise related to service.

The Board found that the veteran's current left knee disability is unrelated to military service and denied his claim for service connection. The effective date of the grant of service connection for diabetes mellitus was not addressed as it pertained to a different issue.

The veteran's left knee disability is manifested by slight instability and arthritis, resulting in additional functional loss. The Board has granted a 10 percent rating for the internal derangement of the left knee and assigned a separate 10 percent rating for arthritis.

The Board denied an increased rating for the veteran's right knee disability and denied service connection for his skin condition, finding that there was no evidence of a nexus between the conditions and service.

The Board denied the veteran's claim for an earlier effective date of May 17, 2005 for his TDIU due to lack of factual ascertainability prior to that date and because he did not meet the schedular criteria for a total disability evaluation based on individual unemployability.