Knee decisions — 2006

The Board has determined that the veteran does not have a current diagnosis of a chronic disability of either knee, bilateral hearing loss as defined by VA regulations, or a disorder manifested by blurred vision other than what is associated with his service-connected headaches. As such, service connection for these conditions cannot be granted.

The veteran's initial claim for service connection was granted, and she received a noncompensable rating. The RO later increased her disability rating to 10 percent from the date of service connection until July 9, 2004. After that date, she received separate ratings of 20 percent each for chronic cervical and thoracic strain effective February 2, 2006.

The Board has determined that the veteran's hypertension and right knee disability do not warrant increased ratings, while his TDIU claim is denied.

The Board found that the appellant's decreased vision does not meet the VA standards for aid and attendance, as his visual acuity is not 5/200 or less in both eyes. The appellant was also not legally blind based on corrected vision measurements provided by medical records.

The Board has determined that the veteran's left knee disability warrants a 30 percent evaluation, but denied reopening of his right knee service connection claim. The decision is mixed as it grants part of the increased rating request and denies the other issue.

The Board denied the veteran's claims for service connection for diabetes mellitus and a left knee disability, as well as his claim for an increased rating for right knee chondromalacia. The effective date for the assignment of a 10% evaluation for right knee chondromalacia was not changed.

The Board has granted service connection for right knee arthritis leading to total knee replacement and low back pain due to lumbar disc disease, both on a secondary basis to the veteran's service-connected internal derangement of the left knee.

The veteran's right knee condition is not shown to be caused or aggravated by an injury during her active military service and is not related to the service-connected left foot disability. The claim for low back condition was also denied.

The Board has determined that the veteran's partial meniscectomy and degenerative joint disease of the right knee, as well as his degenerative joint disease of the left knee, are not related to service or his service-connected back disability. The claims for these conditions have been denied.

The Board has determined that the veteran's claimed conditions, including diabetes mellitus, arterial hypertension, Osgood-Schlatter's disease of the left knee, a right knee disorder, and major depression, are not related to his service-connected low back disability. Therefore, these claims for secondary service connection have been denied.

The Board has remanded the case for further notice development due to a potential change in the new and material standard applicable to claims filed prior to August 29, 2001. The veteran must be provided with notice regarding the types of evidence that would be considered new and material to reopen his claim.

The Board of Veterans' Appeals has determined that there is no competent medical evidence linking the veteran's right knee residuals to his active service. As a result, the claim for service connection for residuals, right knee injury is denied.

The veteran's claims for increased ratings for left arm ulnar neuropathy and right knee disability are being remanded due to inadequate findings in the current evaluations.

The Board found no evidence to support service connection for arthritis of the right and left knees or degenerative disc disease of the lumbar spine, as there was no medical evidence linking these conditions to service.

The veteran withdrew his appeals for increased ratings of his lumbosacral spine, right knee, and left ankle disabilities in a March 2004 letter.

The Board has denied a compensable rating for the veteran's right and left knee scars, but granted service connection for lumbar paravertebral myositis with an initial 20% disability rating effective March 13, 2003. The veteran is seeking an increased rating for his lumbar disability.

The Board has determined that the veteran does not have a current diagnosis of any of the claimed conditions and there is no evidence to support service connection for any of the disorders. The claims are therefore denied.

The veteran's claims for increased ratings for his service-connected left and right knee disabilities, as well as a TDIU claim, were denied. The RO found that the evidence did not support higher evaluations based on the severity of his arthritis.

The Board has remanded the case due to the need for additional medical records and a VA medical opinion regarding whether the veteran's service-connected disabilities contributed to his death.

The March 1999 rating decision assigning an initial 10 percent disability evaluation for tinnitus was not found to contain clear and unmistakable error. The issue of reopening the claim for compensation under 38 U.S.C.A. § 1151 for a left knee disability is remanded.