Knee decisions — 2007

The veteran's claims for service connection and higher evaluations were denied. The Board found that the evidence did not support a finding of osteoarthritis in multiple joints, including cervical spine, right knee, bilateral feet, hips, ankles, elbows, or hands.

The Board has ordered the case to be remanded for additional development, including providing the veteran with VCAA notice and obtaining VA examinations. The claims for increased rating, service connection reopening, and secondary service connection will be reconsidered after these actions.

The veteran's biceps tendonitis of the left shoulder was granted service connection, but a higher rating is denied. The knee condition also received service connection with an initial 10 percent rating.,For the period prior to January 18, 2006, the veteran's biceps tendonitis resulted in limited motion (70 degrees flexion and 40 degrees abduction). A staged increase to 20 percent was granted starting from January 18, 2006.

The Board has determined that the veteran's bilateral knee disorder is not related to his military service and therefore denied his claim for service connection.

The veteran's minor children are receiving additional VA compensation for his service-connected disabilities. The veteran is not reasonably discharging his responsibility to support his minor children, and a general apportionment of the veteran's VA disability compensation in the amount of the additional disability compensation he receives for his minor children from November 29, 2002 is granted.

The Board found that the veteran's preexisting right knee condition existed prior to his entry into active military service and was not aggravated by active service. The claim for a temporary total rating based on convalescence following surgery is denied.

The Board has granted an initial evaluation of 10 percent for the veteran's chronic right knee musculoligamentous strain residuals and septic arthritis residuals, and a 10 percent evaluation for her chronic left knee musculoligamentous strain residuals. The maximum schedular evaluations are assigned for these disabilities.

The Board found that the veteran's right, left knee, and left hip disabilities were not proximately caused by VA medical care. The surgeries performed in 1973 did not result in additional disability.

The Board found that the veteran's service-connected arthritis of the left knee did not warrant a disability rating in excess of 10 percent from July 3, 2003 to October 31, 2005. The right knee condition also did not meet the criteria for a higher rating.

The Board has denied the veteran's claims of service connection for degenerative joint disease of the shoulders, knees, and right first metatarsophalangeal and right first metacarpophalangeal joints due to lack of evidence linking these conditions to his military service.

The Board has determined that the veteran's cervical spine disability with right arm atrophy and right knee disability do not meet the criteria for service connection or a higher evaluation.

The Board has determined that the veteran's knee disability is related to his active service, and thus grants the claim for service connection.

The Board has determined that there is no competent medical evidence of current bilateral hip or knee disabilities, and thus service connection for these conditions cannot be granted.

The Board denied increased ratings for service-connected left knee meniscectomy and hypertension, finding that the veteran's conditions did not warrant a higher rating based on the evidence of record.

The veteran's claim for increased evaluation of tinnitus was denied as there is no legal basis to assign a schedular evaluation in excess of the maximum rating authorized.,Evidence submitted since the April 2002 denial did not raise a reasonable possibility of substantiating the claims for Hepatitis C and Hypertension, but did raise a reasonable possibility of substantiating the claim for PTSD.,The veteran's claim for service connection for Arthritis of the right knee was denied as evidence submitted since the April 2002 denial does not relate to an unestablished fact necessary to substantiate the claim.,Evidence submitted since the December 2002 Board decision related to an unestablished fact necessary to substantiate the claim and raised a reasonable possibility of substantiating the claim for PTSD.

The Board has determined that the evidence received since the October 1976 rating decision does not raise a reasonable possibility of substantiating the claim of service connection for left knee disability. As such, new and material evidence has not been received to reopen the claim.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's previously denied claims for service connection for various disabilities.

The Board has denied the veteran's claims for service connection for a right knee disability, left ankle sprain, bilateral shin splints, and neck strain. The evidence does not support these claims.

The Board denied the veteran's claims of service connection for various conditions, including anxiety disorder, right knee disorder, low back disorder, bilateral hip disorder, and urological disorder. The decision also addressed compensation under 38 U.S.C.A. § 1151 for chronic sinus infections, arthritis, balance problems, bone loss in the upper left jaw, hearing loss in the left ear, and excessive tearing of the eyes.

The Board denied an increased rating for the veteran's left knee disability, finding that the evidence did not support a higher rating based on limitation of extension or instability. The current evaluation of 40% is appropriate.