Knee decisions — 2007

The veteran's appeal is denied as his claim for increased rating and service connection are not supported by the evidence of record, while his TDIU claim is also denied.

The veteran's service-connected disabilities were not rated as totally disabling for a period of at least ten years immediately preceding his death. Therefore, DIC under 38 U.S.C.A. § 1318 is denied.

The Board denied the veteran's claims for service connection for low back pain, sinusitis and bronchitis, as well as his requests for compensable ratings for left knee disability and hemorrhoids. The Board also found that there was no evidence of a nexus between any current disabilities and service.

The Board found that the veteran's right knee disability did not have its onset during service or was not due to, or aggravated by, his service-connected left knee disability.

The Board denied service connection for arthritis of multiple joints other than the knees and hips, finding that there was no current disability. The claim for arthritis of the hips is addressed in a separate remand.

The Board found that the veteran does not have current chronic disability manifested by joint stiffness or right knee pain, and his claims for service connection were denied.

The Board has granted increased ratings of 40 percent for the service-connected degenerative joint disease of each knee, effective from when the claim was received.

The veteran's claims for compensation under 38 U.S.C.A. § 1151 were denied as there is no evidence of additional disability or death caused by VA care, treatment, examination, or supervision.

The Board denied increased ratings for various service-connected disabilities and did not address the earlier effective date claim.

The Board denied the veteran's claims for increased ratings for right and left knee patellofemoral syndrome, finding that evaluations in excess of 10 percent were not warranted based on the evidence provided.

The Board denied an increased rating for the veteran's right knee disability, finding that there is no objective medical evidence showing moderate recurrent subluxation or lateral instability.

The Board denied the veteran's claims for increased ratings for her right knee disability and arthritis, finding that there was no evidence of more than moderate subluxation or lateral instability warranting a higher rating under DC 5257, nor any limitation of motion sufficient to warrant a compensable evaluation under DCs 5260 or 5261. The veteran's separate 10 percent rating for arthritis is also denied.

The Board denied the veteran's claim for service connection for a bilateral knee disorder, finding that there was no evidence linking his current condition to his military service.

The veteran's claims for service connection for varicose veins, skin rash (multiple), aching joints (other than the knees and back), with muscle and nerve involvement and chest tightness, migraine headaches, and asthma and allergic rhinitis were denied as they are not shown to be related to service or an undiagnosed illness.

The Board denied the veteran's claims for higher ratings for his pes planus, degenerative disc disease of the lumbar spine, right knee strain, right ankle strain, and left ankle strain. The current evaluations are found to be appropriate.

The Board found that the veteran's left knee disability does not meet the criteria for a higher rating based on limitation of flexion, but granted a separate 10 percent rating for limitation of extension. The overall medical evidence did not support a higher rating under DC 5261.

The Board denied the veteran's claims for increased ratings and service connection, finding that his conditions did not meet the criteria for higher disability evaluations based on either functional loss or limitation of motion.

The Board has determined that the veteran's claimed low back and bilateral knee disorders are not service-connected, as there is no evidence of such conditions during his active duty or within one year post-service. The continuity of symptoms after service was also not established.

The Board found no current left knee disorder and denied the claim of service connection for a left knee disorder, including as secondary to a service-connected right knee disorder.

The Board has determined that the reduction of the veteran's left knee disability rating from 20 percent to 10 percent was proper and denied the request for restoration of the 20 percent rating.