Knee decisions — 2007

The veteran's service was less than the required 90 days during a period of war, and he was not separated from service due to a service-connected disability. Therefore, his claim for nonservice-connected pension is denied.

The Board found no evidence linking the veteran's current left hip and left knee disabilities to his service, including a fall in 1971. The preponderance of the evidence does not support granting service connection for these conditions.

The veteran has withdrawn his appeals for all issues, including the evaluation of chondromalcia patella, service connection for brain damage, and claims under 38 U.S.C.A. § 1151 for viral infection and right shoulder injury.

The Board denied service connection for residuals of fractured ankles, herniated cervical disc, bilateral carpal tunnel syndrome, and arthritis of multiple joints including hands, knees, and elbows. The underlying disorders were not shown to have worsened during active or inactive duty.

The veteran's hair loss is not considered due to an undiagnosed illness and is not related to his service. The increased ratings for instability of the left knee and degenerative joint disease of the left knee are denied.

The Board denied the veteran's claims of entitlement to service connection for left and right total knee arthroplasties and right elbow arthritis, finding that his conditions were not related to his military service.

The Board has determined that new and material evidence has not been received to reopen the veteran's claim of service connection for a left knee disorder. The claims for increased ratings for right knee instability and arthritis remain denied.

The veteran's service-connected diabetes mellitus with erectile dysfunction is currently rated at 20 percent, which does not meet the criteria for a higher evaluation.,The veteran's service-connected acrochordon, axillae and in the groin area with tinea infection of the left knee, tinea cruris, and tinea pedis is currently rated at 10 percent, which also does not meet the criteria for a higher evaluation.

The veteran's claim for a rating in excess of 10 percent for postoperative residuals of a medial meniscectomy of the right knee was denied. However, his claim for arthritis of the right knee with painful motion was granted and assigned an initial rating of 10 percent effective from March 10, 2005.

The Board found that the veteran's current bilateral knee, hip, ankle, hand, and wrist disorders were not caused or aggravated by his military service or a service-connected condition. The preponderance of evidence supports this conclusion.

The Board found that the veteran's service-connected left knee disorder does not meet or nearly approximate the criteria for a rating in excess of 20 percent. The claims for increased ratings and service connection were denied as there was no evidence of ankylosis, dislocation, instability, or other disabling conditions warranting higher ratings under applicable VA regulations.

The veteran's case is being remanded due to his failure to report for a scheduled videoconference hearing before the Board. He will be placed on the docket for a new hearing.

The Board has determined that the appellant does not have a current disability for any of the claimed conditions, and there is no evidence to support a connection between service and these disorders. As such, the claims are denied.

The Board denied higher disability ratings for the veteran's internal derangement of the right knee and instability of the right knee as secondary to internal derangement, finding that his symptoms did not warrant a rating in excess of 10 percent or 20 percent.

The veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and scheduling VA examinations to assess the nature and etiology of his claimed low back, right knee, left knee, and stomach disabilities.

The Board has remanded the case due to incomplete records and the need for a VA examination to determine if the veteran's current bilateral knee conditions are related to his alleged in-service injury.

The Board denied the veteran's claim for an earlier effective date prior to March 25, 2003 for additional compensation benefits based on his dependent spouse and child. The effective date was set at March 25, 2003.

The Board of Veterans' Appeals has determined that the veteran's claims for service connection and increased evaluations are not ready for appellate review due to incomplete records, including missing service medical records. The case is remanded to the RO via the Appeals Management Center (AMC) in Washington, DC, for further development.

The Board has reopened the claim for service connection for a left shoulder disability and granted service connection on a direct basis. The claims for tendonitis of the left elbow, acquired psychiatric disorder, right knee disability, sleep disorder, and fatigue were denied as not related to active service.

The veteran's left knee disability is currently rated as 10 percent disabling. The Board finds that a higher rating is not warranted.,There is no evidence of current residuals of chemical burns to the eyes, a left Achilles tendon disorder, or a left chest disorder which are related to service.