Knee decisions — 2007

The veteran's left knee replacement disability is currently rated at 30 percent, and the Board has determined that a higher rating is not warranted based on the current evidence of record.

The Board denied the veteran's claims for higher evaluations of her service-connected lumbosacral strain, patellofemoral syndrome of the left knee, and stress fracture of the left pubis. The ratings were found to be appropriate based on the current evidence.

The Board denied service connection for Paget's disease of the left knee and degenerative disc and degenerative joint disease of the lumbar spine, finding no evidence of a nexus to service or service-connected conditions.

The Board denied the veteran's claims for increased ratings and failed to reopen his service connection claims. The veteran was not provided with proper VCAA notice.

The Board has determined that the veteran's right knee disability, which was initially granted service connection for postoperative excision of the medial plica and assigned a noncompensable rating in October 2002, does not warrant an increased rating beyond the currently assigned 10 percent.

The Board has determined that the veteran's left knee condition, which includes a fracture of the tibial plateau and subsequent surgery, warrants a 20 percent rating under Diagnostic Code 5262 for impairment of the tibia and fibula. The veteran is also entitled to an additional 20 percent evaluation based on his symptoms of frequent episodes of locking, pain, and effusion into the joint, as per Diagnostic Code 5258.

The Board denied the veteran's claims for service connection for arthritis, bilateral hearing loss, and a seizure disorder. The appeals were also denied for an initial disability rating for residuals of a right ankle sprain, status post corneal abrasion of the right eye, and tinnitus.

The Board has determined that the veteran's back and knee disabilities are not due to VA treatment, thus denying his claims for compensation under 38 U.S.C.A. § 1151.

The Board has denied the veteran's claims for service connection for various conditions, including a right shoulder condition, acquired psychiatric disorders, bilateral bone spurs in heels, arthritis, and elbow/knee/neck conditions. The decision is based on the absence of evidence showing these conditions were incurred or aggravated by military service.

The Board denied an increased evaluation for the veteran's right knee disability, finding that his condition does not meet or approximate the criteria for a rating in excess of 30 percent.

The veteran's claim for higher initial ratings for his left knee disability was denied. The RO granted service connection and assigned a 10 percent rating effective January 1, 2003, which was later increased to 20 percent effective May 1, 2004.

The veteran's claims for increased ratings and reopening of service connection claims were addressed. The right hand disability claim was remanded, the residuals of pterygium of the right eye claim remains noncompensable, and the hypertension and right knee injury claims have new evidence to reopen but no change in rating.

The Board has determined that additional development is needed for the veteran's claims, including reviewing new VA treatment records and providing proper notice regarding what constitutes new and material evidence.

The VA denied the veteran's claim for an increased evaluation of his chronic left knee instability, currently rated at 30 percent. The case is remanded to determine if a clothing allowance should be granted.

The Board has determined that there is not enough evidence to establish a connection between the veteran's current left knee disorder and his military service, resulting in a denial of the claim.

The Board denied the appellant's claim for an earlier effective date for a grant of a disability evaluation of 10 percent for his service-connected right knee disability, finding that it is not factually ascertainable that an increase in disability occurred prior to June 28, 2001.

The Board denied the veteran's claims for service connection for right and left knee conditions and a low back condition, finding no competent evidence linking these conditions to his military service.

The Board has determined that the veteran does not have any current bilateral shoulder, knee, or ankle disabilities that are related to service. Therefore, his claims for service connection in this regard are denied.

The Board has remanded the case to the RO for further development, including obtaining medical records and scheduling a VA examination. The veteran's claim for an increased initial rating for his right knee disability is pending.

The veteran's service-connected knee and skin conditions have not met the criteria for higher initial ratings.