Knee decisions — 2007

The Board found no medical evidence linking the veteran's right knee disability to his service-connected residuals of a gunshot wound to the right ankle, and thus denied the claim for secondary service connection.

The Board found that the veteran's osteoarthritis of the right knee, which has been rated at 20 percent since its award in February 2003, does not warrant a higher rating as it did not meet the criteria for any additional disability due to limitation of motion or other factors.

The veteran's appeal is being remanded for further development, including scheduling a videoconference hearing.

The Board is remanding the case to consider new medical records and provide a supplemental statement of the case (SSOC). The veteran's claim for reopening his service connection claim for dislocated semilunar cartilage, right knee will be reconsidered.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine if the veteran's bilateral knee disorder is related to his service.

The Board denied the veteran's claims for service connection for a right knee injury and a right leg disability, finding no new and material evidence to reopen the claim for a right knee injury and concluding there is no current right leg disability. The Board also found insufficient evidence to establish service connection for a right leg disability.

The Board has remanded the veteran's claims due to the need for additional development and consideration of his service connection claims.

The Board has determined that the veteran's current bilateral knee disability with degenerative arthritis was not incurred in or aggravated by active military service, and it cannot be presumed to have been so incurred. The claim is denied.

The veteran's claim for an increased rating for his right knee disability is being remanded due to the inadequacy of a previous VA examination report.

The Board denied the veteran's claims for increased ratings for his degenerative joint disease, right knee, and laxity medial collateral ligament and rotary instability of the right knee. The RO assigned a 10 percent rating for the laxity condition since July 13, 2003.

The veteran's generalized anxiety disorder was granted service connection effective November 18, 2002. The right shoulder tendonitis and impingement syndrome were granted service connection effective January 15, 2003.,The veteran is entitled to a higher initial evaluation for his generalized anxiety disorder from December 11, 2002 to January 24, 2005. He is not entitled to an increased rating after that date.

The veteran's left knee osteoarthrosis is rated at 20 percent, with separate ratings for cartilage defect and lateral instability.

The Board found that the veteran's left knee disability existed prior to service and was not aggravated by active military service.

The veteran's claims for increased ratings for left ear hearing loss, right knee arthritis, and arthritis of the lumbar spine were denied. The VA found that his right ear hearing acuity was designated as Level I hearing loss, while his left ear hearing loss was also designated as Level I. For his right knee arthritis, he did not meet the criteria for a higher evaluation based on limitation of motion or x-ray findings. His arthritis of the lumbar spine did not meet the criteria for a higher evaluation either.

The Board denied the veteran's claims for service connection of various conditions, including a back disability, chondromalacia of the right knee, hip disability, and an eye disability. The appeals were based on direct evidence rather than any presumption or secondary service connection.

The Board denied the veteran's claims for increased ratings and service connection, finding that his left knee condition did not meet the criteria for a compensable rating under VA regulations.

The Board denied the veteran's claims for service connection for a right knee disorder and an increased rating for low back syndrome. The effective date for the compensable disability evaluation of low back syndrome was not granted earlier than February 11, 2003.

The Board has determined that the veteran does not have a current diagnosis of post-traumatic cornica, and his left knee and left shoulder disorders were not incurred in or aggravated by service. The evidence is against finding a nexus between these conditions and active duty.

The Board denied the veteran's claim for a rating in excess of 20 percent for his right knee disability, finding that the evidence did not support such an increase during the specified period.

The Board has directed the VA to obtain treatment records and provide notice regarding what constitutes new and material evidence for the veteran's claim of service connection for residuals of a left knee injury. The case is now remanded for these actions.