Knee decisions — 2007

The Board has determined that new and material evidence has been submitted to reopen the veteran's claims of service connection for right great toe pain, a right knee disorder, and a back disorder. The Board finds that these conditions are likely due to injuries sustained in service.

The Board has remanded the case due to a duty to assist, as the service medical records are not in the claims file and there is a heightened duty to assist given their destruction. The veteran's claim for service connection of a left knee disability will be reconsidered after further examination.

The Board has determined that the veteran does not have a current diagnosis of a bilateral knee disability and therefore, service connection for this condition cannot be granted.

The veteran's left ankle disability is rated at 10 percent. His right ankle fracture, bilateral hip condition, and bilateral knee condition are not service-connected.

The Board found no evidence of a left knee disability present prior to service and concluded that the veteran's current left knee arthritis is not related to his military service.

The Board has determined that the veteran's right knee and low back disabilities are not service-connected, as they are more likely due to his excessive body weight. The claim for an increased rating for residuals of excision of a mass on the left adductor muscle is also denied.

The VA denied an increased evaluation for the veteran's service-connected residuals of gunshot wound to the left knee with surgical absence of patella and retained foreign bodies, currently rated at 20 percent.

The Board denied the veteran's claims for a compensable evaluation prior to March 23, 2005 and an evaluation in excess of 10 percent from March 23, 2005 for his left knee disability.

The veteran's claim for a rating in excess of 30 percent for post-operative arthrotomy of the right knee with patellar chondromalacia is denied prior to March 30, 2005.,The veteran's claim for a rating in excess of 30 percent for post-operative arthrotomy of the right knee with patellar chondromalacia is granted beginning from March 30, 2005.

The Board has remanded the case for further evidentiary development due to incomplete service records and a need for a VA examination.

The Board found that the veteran did not have a chronic left knee injury as a result of his military service and denied all claims. The initial rating for carpal tunnel syndrome was also denied, and compensation under 38 U.S.C.A. § 1151 for the VA epidural injection was denied due to lack of evidence of negligence or fault on the part of VA.

The Board has determined that there is no competent medical evidence linking the veteran's current right knee disability to an injury sustained during his active duty service. As a result, the claim for service connection for a right knee disability is denied.

The Board denied the veteran's claims for service connection for arthritis of the knees and higher ratings for his hepatitis C conditions. The arthritis claim was denied as there is no competent medical evidence linking a current knee disorder to military service. For his hepatitis C conditions, he received a separate rating for post-transplant symptoms but still requested higher ratings.

The Board has determined that the veteran's claimed conditions, including PTSD and pain in the left hip and knees, were not incurred or aggravated by active military service. The claim for service connection is denied.

The veteran's appeal is being remanded for additional development, including scheduling of hearings before a Decision Review Officer (DRO) and a Travel Board hearing.

The Board has denied the veteran's claims for service connection for various conditions, including vaginitis with moniliasis, bilateral axillary adenitis, chronic urinary tract infections, sinusitis, fibrocystic breast disease, a left knee disorder (secondary to right knee disability), diabetes mellitus, and a bilateral foot condition. The Board found that the evidence did not support service connection for these conditions.

The veteran's appeal is being remanded due to the need for additional examination and clarification of the rating assigned.

The veteran's schizophrenia is rated at 30 percent, but does not meet the criteria for a higher rating.,The veteran's left knee disorder is rated at 20 percent and does not meet the criteria for a higher rating.

The veteran's service-connected right knee disability is not shown to be manifested by any functional loss, degenerative change or bony deformity or instability.,The veteran currently does not have a current left knee diagnosis due to an event or incident of his period of active service.

The Board denied the veteran's claims for service connection due to a lack of new and material evidence, as well as his left knee disorder not being proximately due to or aggravated by a service-connected condition.