Knee decisions — 2007

The Board denied increased evaluations for the veteran's left and right knee retropatellar pain syndrome, but did not address his claim for service connection for a low back disorder.

The Board denied the veteran's claims of service connection for right knee condition, upper and lower back condition, and asthma. The decision also noted that new and material evidence had not been submitted to reopen his previously denied claims.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling VA examinations.

The Board has denied the veteran's claims of service connection for a left knee disability and a right knee disability claimed as secondary to the left knee disability. The evidence did not establish that these disabilities were incurred in or aggravated by service.

The veteran's combined rating for service-connected disabilities has never reached 70 percent and there is insufficient evidence that the service-connected disabilities render him unable to secure or follow a substantially gainful occupation. Therefore, TDIU is denied.

The veteran's right knee instability is rated at 20 percent, effective from November 18, 1999. The rating for chondromalacia of the right knee remains at 20 percent since January 9, 2003.

The Board found that the veteran's right knee disorder, including chondromalacia patella, preexisted active service and was not aggravated during military service. Therefore, the claim for service connection is denied.

The Board has granted service connection for osteoarthritis of the right and left knees, finding that the veteran's knee disorders are related to his military service.

The veteran's claims for service connection and increased ratings were denied. The Board found no evidence of a left knee disorder related to service or service-connected conditions, and the lumbosacral strain and left clavicle fracture residuals did not meet criteria for higher ratings.

The veteran's service-connected right knee disorder is rated at a combined rating of 30 percent, based on moderate instability and arthritis with painful motion.

The veteran's claims for higher ratings for degenerative disc disease of the lumbar spine, degenerative joint disease of the right knee, and reflux esophagitis were denied.,Specifically, the RO found that the evidence did not support a rating in excess of 10 percent for any of these conditions.

The veteran's claims for increased ratings and TDIU have been remanded by the Board due to scheduling issues.

The Board finds that the veteran's right knee disability is proximately due to his service-connected left knee disability, and concludes that he has a current degenerative joint disease of the right knee. The VA examiner found no evidence of continuing pain or discomfort in the left ankle following service, but the private physician opined that the veteran's left ankle degenerative joint disease was related to an in-service injury.

The Board has reopened the veteran's claim of service connection for left knee arthritis and found that new evidence supports this. However, the Board also determined that there is no evidence to suggest that the veteran's current condition was incurred or aggravated during his active military service.

The veteran's claim for increased rating and TDIU was denied.,It is not factually ascertainable that an earlier effective date is warranted.

The Board has denied the veteran's claims for service connection for bilateral pes planus and for higher initial ratings for postoperative nasal polyposis residuals and lumbosacral spine osteoarthritis.

The Board denied the veteran's claims for increased ratings for his service-connected degenerative joint disease of the right and left knees, as well as low back strain. The RO initially assigned a combined 20 percent evaluation based on separate 10 percent evaluations for each knee and low back strain. However, the Board found that the evidence did not support higher ratings under the applicable diagnostic codes.

The Board has determined that additional development is needed to address the service connection claims for various disabilities, including those secondary to left ilioinguinal nerve entrapment. The appeal will be remanded to allow for further examination and consideration of all theories of entitlement.

The Board denied increased ratings for bilateral knee disability and gastroesophageal reflux disease (GERD) as the evidence did not support a higher rating based on current symptoms.

The veteran's claims for increased evaluations for his low back disability, right knee strain, and tinea pedis with onychomycosis and tinea versicolor were denied. The evidence did not meet the criteria for a higher evaluation under any applicable rating codes.