Knee decisions — 2007

The veteran's right knee chondromalacia with degenerative arthritis is currently rated at 10 percent, and her instability of the right knee warrants a separate 10 percent rating.

The Board denied the veteran's claims for service connection for various conditions, finding no current disabilities and insufficient evidence to establish a link between his military service and any diagnosed conditions.

The Board denied the appellant's claims for increased evaluations for his lumbar spine, right knee, and left knee disabilities as well as a compensable evaluation for GERD. The appellant did not meet the criteria for any of these conditions.

The Board denied service connection for a right foot condition, left foot condition, DJD of both knees, and DDD of the lumbar spine as there was no evidence linking these conditions to active military service.

The veteran's claims for increased ratings for rheumatoid arthritis with degenerative joint disease of the ankles, right knee, right hip, and right hand were denied due to his failure to report for a scheduled VA medical examination.,The veteran's claim for an evaluation in excess of 10 percent for service-connected degenerative arthritis of the left hip was also denied due to his failure to appear for a scheduled VA medical examination.

The veteran's dysthymia is not linked to her service or any service-connected condition. Service connection for the right knee disorder was granted, but only at a noncompensable rating prior to January 29, 2004.

The Board denied the veteran's claims for initial compensable evaluations for service-connected bilateral hearing loss and residuals of appendectomy, as well as his claim for service connection for a bilateral knee disorder. The evidence did not support the assignment of any increased ratings.

The veteran's appeals for increased evaluations for right ankle and right knee disabilities were denied. The RO continued the current 20 percent evaluation for right ankle disability, which is already at its maximum schedular rating. For the right knee disability, a 10 percent initial evaluation was assigned, but no higher as there is no evidence of limitation of motion that would warrant such an increase.

The Board has remanded the veteran's claims for service connection due to insufficient notice and development of records, including verification of his military service.

The veteran has withdrawn his appeal on all issues except the increased evaluation for a scar of the left shoulder.

The veteran's claims for increased ratings for his left shoulder, right knee, and left knee disabilities have been granted.

The Board has remanded the case for additional development, including obtaining private treatment records and scheduling a VA examination to determine if the veteran's current left knee condition is related to his service.

The Board found that the veteran's right knee disability, which is manifested by limitation of flexion to 30 degrees, does not warrant a rating in excess of 20 percent.

The Board has reopened the veteran's claim for service connection for right knee disability as secondary to left knee disability, but finds that there is no evidence showing a nexus between the two conditions. The claim is therefore denied.

The Board has granted service connection for bilateral hearing loss and found that the veteran's degenerative arthritis of both knees warrants an initial disability rating in excess of 10 percent. The effective date is not assigned as these claims are being denied.

The Board has denied service connection for post-traumatic stress disorder, left ear hearing loss, and a chronic left knee disability due to lack of evidence linking these conditions to the veteran's military service.

The Board has determined that the veteran's current left knee disability is attributable to incidents of service, and thus grants service connection for internal derangement of the left knee.

The Board found that there was clear and unmistakable error (CUE) in the June 1967 rating decision denying service connection for a left knee disorder due to aggravation. The Court directed the Board to consider if, without CUE, service connection by aggravation would have been awarded.

The veteran's claims for increased ratings and service connection have been denied.,Service-connected conditions include lumbosacral strain, chondromalacia of the right and left knees, headaches, hypertension, conjunctivitis, COPD, perirectal abscess, right foot calluses, rhinitis/sinusitis, bilateral flat feet, sleep disorder, hearing loss, ankle condition, wrist condition, shin splints, positive TB test, hyperlipidemia, and left foot tendonitis.

The Board found that the cause of the veteran's death was not related to his service-connected disabilities or medications taken for those disabilities, and thus denied the claim.