Knee decisions — 2006

The Board has determined that the veteran's current left knee disability is not related to his active service and denied his claim for service connection.

The Board has determined that there is no competent evidence showing a current disability of either right or left knee, and thus the veteran's claims for service connection for these conditions are denied.

The Board denied the veteran's claims for increased ratings for his right knee injuries and arthritis, finding that the evidence did not support a higher rating under applicable diagnostic codes.

The Board denied the veteran's claims for increased evaluations for his service-connected bilateral tinnitus, right knee disorder, and left ear hearing loss as there is no legal basis to assign a schedular evaluation in excess of 10 percent for each condition.

The Board has denied the veteran's claims for service connection for low back, right knee, and left knee disabilities due to a lack of medical evidence linking these conditions to his military service.

The Board has determined that the appellant is entitled to special monthly compensation based on a need for regular aid and attendance due to service-connected disabilities of the lumbar spine, knees, and ankles.

The Board finds that the veteran's chondromalacia of the right and left knee was incurred in service, as evidenced by his service medical records showing a history of painful knees and recurrent traumatic effusion. The continuity of symptomatology after service is also established.

The Board has remanded the case to the RO for review of newly obtained evidence, including private medical records from 2001 to 2004. The veteran's claims for service connection for right and left knee disabilities will be reconsidered.

The veteran's service records do not show any chronic conditions related to the claimed disabilities. The Board denied all claims of service connection.

The Board has denied the veteran's claims for increased ratings and service connection for her right knee, left knee, and right shoulder disabilities. The RO previously granted service connection for residuals of a right knee injury but did not assign an effective date or rate it appropriately.

The Board has remanded the case due to new evidence submitted by the veteran's representative, including an article and part of a magazine. The RO is directed to consider whether an MRI study of the veteran's knees should be obtained.

The Board has determined that the veteran does not have a left knee disability that was incurred or aggravated by active service.

The Board denied the veteran's claims for service connection for bilateral knee disability, an initial rating in excess of 10 percent for tinnitus disability, and a compensable rating for high frequency sensorineural hearing loss. The maximum schedular rating available for tinnitus is 10 percent.

The veteran's appeal was denied for all issues, with the exception of his request to withdraw an appeal regarding right ulnar neuropathy.

The Board has remanded the case for further development, including obtaining a VA examination and ensuring compliance with VCAA requirements. The appeal is now pending again.

The Board denied service connection for a right below the knee amputation and muscle graft, latissimus dorsis, left back as these conditions are not attributable to service or secondary to service-connected scar, gunshot wound to the right lower leg with retained foreign body.

The Board has determined that the veteran's claims for service connection for hammer digit syndrome of the right and left fifth toes (postoperative), a left knee disability, and a back disability are all granted. The evidence supports these findings.

The Board has granted service connection for degenerative arthritis of the left knee and denied service connection for a bilateral ankle disability. The veteran's current right knee disability is presumed to be due to his combat experience in Vietnam.

The Board has ordered the case to be remanded for compliance with the requirements of Kent v. Nicholson, No. 04-181, which includes providing the veteran with proper notice regarding what evidence is needed to re-open his claims and what type of evidence would be needed to support a finding that his left knee, left hip, and low back disabilities are proximately due to or the result of his service-connected right knee disability.

The Board denied the veteran's claim for an increased disability rating for his service-connected osteoarthritis of the right knee and did not address or grant a higher effective date for service connection for right knee instability.