Knee decisions — 2006

The Board has determined that an earlier effective date for the grant of a 20% disability rating for low back pain with underlying degenerative disc disease is not warranted. The veteran's claim for increased ratings for his bilateral knee disorders remains pending.

The Board finds that the veteran's left knee disability, including left anterior cruciate ligament insufficiency and left knee arthritis, is as likely as not related to an injury sustained during his active military service.

The veteran's claims for increased ratings for lumbosacral strain and arthritis of the left knee were denied. The RO found that the evidence did not support higher ratings under the applicable rating criteria.

The veteran's internal derangement of the right knee is currently rated at 30 percent, which is the maximum rating available under Diagnostic Code 5257. The claim for higher ratings on his arthritis of the knees was denied.

The veteran's right knee disability, including arthritis, is currently rated at 30 percent. The Board denied an increased rating for the right knee injury and found that a separate 10 percent evaluation for right knee instability was warranted.

The Board has denied the veteran's claims for service connection for a low back disorder and an increased rating for his left knee disorder. The veteran is not entitled to service connection for these conditions, as there is no evidence linking them to his active duty service. For the left knee disorder, the Board found that the current 10% evaluation adequately compensates him for his symptoms.

The Board has remanded the case due to incomplete examination and lack of rationale for opinions provided. The claim will be reconsidered after further development.

The veteran's service-connected right knee disorder, characterized by degenerative joint disease and internal derangement, does not warrant a higher rating as his range of motion is within the limits for the current ratings.

The Board has reopened the veteran's claim for service connection for a left knee disability and denied his request for an increased rating for migraine headaches. The veteran's current 10% rating for migraine headaches is upheld.

The veteran's appeal is being remanded for a videoconference hearing at the Chicago RO, before a Veterans Law Judge seated in Washington, DC. The case will be processed according to established procedures.

The Board has determined that the veteran does not have current objective disabilities of the right shoulder, right knee, or ankles related to service. As a result, service connection for these conditions is denied.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling VA examinations. The claims will be reconsidered after the additional development.

The veteran's claims for increased ratings for bursitis of the right and left knees are being remanded. The service connection claim for hypertrophic cardiomyopathy, status post pacemaker implant is also being remanded.

The veteran is seeking an increased rating for his service-connected chondromalacia of the left knee and service connection for gastroesophageal reflux disease (GERD) as secondary to his knee disability. The case is being remanded to obtain outstanding VA treatment records, schedule a VA examination, and provide appropriate VCAA notice.

The Board found that the veteran's death was due to lung cancer, which is presumed to be related to his tobacco use. The RO initially granted service connection for the cause of the veteran's death based on nicotine dependence but later severed this award as it was determined that claims filed after June 8, 1998, are precluded by law.

The Board found that the veteran's pre-existing right knee condition did not undergo permanent advancement during his second period of active duty, and there is no evidence linking his current GERD with sliding hiatal hernia to service. As a result, both claims for service connection were denied.

The Board granted service connection for numbness and sensory loss of the left knee due to the service-connected scars. The initial compensable rating for a residual scar on the medial side of the left knee was also granted.

The Board found that the veteran's service-connected disabilities do not render him permanently bedridden or housebound, thus denying his claim for special monthly compensation.

The Board has remanded the case for additional development due to procedural issues and the need for a medical opinion.

The Board denied the veteran's claims for increased ratings for his left knee, low back, and asthma disorders. The evidence did not support higher evaluations based on current symptomatology.