Knee decisions — 2007

The Board denied the veteran's claims for service connection for bilateral Achilles' tendonitis and for increased ratings for his left knee disability. The appeal was dismissed as the substantive appeal regarding the January 2002 rating decision on lumbar spine disabilities was not timely filed.

The Board denied service connection for right and left knee disorders, as well as plantar fasciitis of the right and left feet. The VA examiners concluded that there was no evidence linking these conditions to military service.

The Board denied the veteran's claims for increased evaluations for his gout, right ankle disability, bilateral hearing loss, and right knee disability. The evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board has granted service connection for residuals of an injury to the head and shoulders, a right knee disorder, and a right fifth finger injury. The claim for a left foot disorder is remanded.

The veteran's service-connected disabilities are not shown to be of such severity so as to preclude substantially gainful employment, and the Board finds that he is unemployable by reason of his service-connected disabilities alone.

The Board found that peripheral vascular disease was not incurred in or aggravated by service, including exposure to ionizing radiation. The veteran's amputations were not considered service-connected.

The Board has determined that the veteran's low back and left knee disabilities are not related to service, and therefore denied both claims.

The Board has granted increased ratings for the veteran's knee disabilities, with a combined rating of 60 percent. The veteran currently receives a 30 percent rating for subluxation of the right knee and a 10 percent rating for osteoarthritis of the right knee. His left knee is rated at 30 percent for subluxation.

The veteran's claim for an increased rating for his service-connected left femur and left knee disabilities is being remanded to the RO for additional development, including obtaining SSA medical records.

The Board has granted service connection for a left knee disorder as secondary to the service connected right knee disorder. The foot disorder claim is denied.

The veteran's appeal is being remanded to the RO for further evaluation and consideration of his claim, including a potential separate rating for right knee instability.

The Board has determined that the claims folder may be incomplete and requires further action to confirm service dates, obtain medical records, and provide the veteran with appropriate examinations. The case is therefore being remanded for these purposes.

The Board found that the right above the knee amputation was not caused by or aggravated by service-connected diabetes mellitus, and thus denied the claim.

The Board has determined that the veteran's left knee disorder warrants a 20 percent evaluation effective December 6, 2003.

The Board has determined that the veteran's degenerative joint disease of the bilateral knees was not incurred in or aggravated by active service and is not proximately due to, or aggravated by, a service-connected disability.

The Board has determined that the veteran's current right knee disability is not due to carelessness, negligence, or lack of proper skill on the part of VA in providing medical treatment. The evidence does not support a finding of additional disability resulting from such treatment.

The Board found that the veteran's low back, bilateral peripheral neuropathy, and right knee disabilities are not service-connected as secondary to his service-connected left knee disorder. The claims for increased evaluations of his pre-operative knee disability will be remanded.

The veteran's appeal for an earlier effective date for additional compensation benefits due to his dependent spouse was denied as the evidence of dependency was not received within one year of notification of the rating action granting a combined disability rating in excess of 30 percent.

The veteran's claim for an increased rating for his left knee disability is being remanded due to the need for additional medical examination and development of records.

The Board denied service connection for headaches as a residual of head injury due to lack of evidence of current disability and no link between the in-service head injury and current symptoms.,The Board also denied service connection for a right knee condition, finding that there is no chronicity in service or post-service continuity of symptomatology.