Knee decisions — 2006

The Board has denied service connection for all the claimed conditions, including alkaptonuria, aortic valve replacement, hyperlipidemia, glaucoma, right knee and hip replacements, and arthritis/chrondrocalcinosis, as they are not among the diseases listed in 38 C.F.R. § 3.309(d) for which presumptive service connection can be granted due to radiation exposure.

The veteran's appeal is denied as he does not meet the legal criteria for assistance in acquiring specially adapted housing or a special home adaptation grant due to his service-connected disabilities.

The Board has denied the veteran's claims for an increased rating for his right knee disability and service connection for a left knee disorder, finding no evidence of malunion or nonunion of the tibia and fibula, and noting that the veteran's current left knee arthritis is not related to military service.

The Board denied the veteran's claims for increased ratings for his cervical spine, left knee, and right knee disabilities.

The veteran withdrew his appeals for all issues on appeal, including service connection claims and evaluations.

The veteran's right knee condition, with a torn lateral collateral ligament and post lateral capsule post operative with traumatic arthritis, was rated at 20 percent from January 11, 1994 to December 11, 1995, and commencing February 1, 1996. The veteran's left knee condition, a fractured medial tibial plateau, was also rated at 20 percent during the same period. Both conditions were found not warranting an evaluation in excess of 20 percent.

The Board has denied the veteran's claims for service connection for right hand disorder, bilateral knee disorder, low back disorder, and gastrointestinal disorder (peptic ulcer disease) as there is no competent evidence linking these conditions to his military service.

The veteran's claim for a higher rating for dyshidrotic eczema was granted effective August 30, 2002. The effective date of the increase in rating is based on the change in the rating criteria for skin disorders which took effect on that date.,Effective April 13, 1995, and September 14, 2001, the veteran's claims for increased ratings for chondromalacia of the right knee and left knee were granted. The effective dates are based on informal claims received by VA prior to those dates.

The Board found that the veteran's left knee arthritis, status post arthroplasty was not incurred in or aggravated by service and is not proximately due to his service-connected right knee disability. The claim for secondary service connection was denied.

The Board has determined that the veteran's claimed disabilities are not proximately due to VA carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA. The appeals for compensation under 38 U.S.C.A. § 1151 have been denied.

The Board has determined that new and material evidence has not been received to reopen the veteran's claim of entitlement to service connection for a left knee disability, which was previously denied in an October 1968 rating decision. The July 2001 rating decision is final.

The Board has determined that the veteran's current right knee disability, including degenerative joint disease, had its onset in service and is therefore granted service connection.

The Board denied an increased evaluation for the veteran's service-connected right knee disability, finding that the evidence did not warrant a rating in excess of 10 percent.

The Board has denied the appellant's claims for service connection for an eye disability, residuals of exposure to toxic chemicals (including Agent Orange/herbicides and mustard gas), unexplained flu symptoms with fever and chest pains, a bilateral knee disability, including as secondary to a right foot disability, and a right foot disability. The reasons include lack of evidence showing current disabilities or causation.

The Board has determined that the veteran's current right knee disability, diagnosed as osteoarthritis, was incurred in service and granted service connection for this condition. The claim for an increased rating for the left hand injury is remanded due to a need for additional examination and consideration of relevant diagnostic codes.

The veteran is seeking service connection for osteoarthritis of the left knee, which he claims developed due to repetitive jumping on and off tanks during his military service. The VA has referred this matter back to the RO for further action including a VA examination and proper VCAA notice.

The veteran's right knee injury residuals are currently evaluated at 10 percent and do not meet the criteria for a higher rating.

The veteran's claims for service connection were denied, while the claim for increased rating for bilateral pes cavus was granted with a 30% rating. The remaining issues related to multiple joint pains due to an undiagnosed illness and lower back condition were also denied.