Knee decisions — 2007

The Board has determined that the effective date for the grant of service connection for left knee instability should be July 30, 2001. This decision is based on VA treatment records showing the veteran received treatment for a left knee disability in July 2001.

The Board has denied the veteran's claims for increased ratings for his right and left foot disabilities, finding that they do not meet the criteria for higher ratings under the applicable diagnostic codes.

The Board found new and material evidence to reopen the claims, but determined that there is no direct service connection for either back disorder or left knee disorder. The preponderance of the evidence does not support a finding that these conditions are related to service.

The veteran's left knee disability resulted in painful extension limited to 5 degrees and slight instability, warranting a 20 percent rating effective March 24, 2004.

The Board found that the veteran does not have a skin disability attributable to his military service and denied his claim. The Board also determined that new and material evidence has not been received to reopen his previously denied claim of service connection for knee disability.

The Board has determined that the appellant's right knee chondromalacia warrants a 30 percent evaluation, considering her symptoms and functional limitations.

The Board denied the veteran's claim for service connection for a right knee disability, finding no evidence of an injury or disease during service and no relationship between current symptoms and service.

The Board found that the veteran's left knee disability, characterized by limited flexion and extension, does not warrant a rating higher than 10 percent.

The veteran's left knee disability was rated at 20 percent from June 11, 2001 to June 23, 2002 and at 10 percent since October 1, 2002. The appeal is granted.

The veteran's claims for service connection for various left and right lower extremity disorders, as well as a back disorder, have been denied due to the absence of current diagnoses or medical nexus.

The Board found no evidence of a current skin disorder related to service, and denied service connection for the veteran's right knee disorder and hypertension. The veteran was presumed exposed to Agent Orange during service.

The Board has decided that the veteran's claim for service connection for right knee pain, with a history of injury prior to service, should be remanded for additional development and consideration.

The Board has determined that the veteran's right knee disorder warrants a disability rating of 20 percent, but not higher. The current rating is for residuals of a right knee meniscectomy and does not include separate ratings for other issues related to his right knee.

The Board has remanded the veteran's claims of entitlement to service connection for osteoarthritis of various joints and entitlement to TDIU due to incomplete evidence, including a lack of x-rays from his May 2004 VA examination.

The Board found that the veteran's bilateral knee disability, stomach disorder, and hypertension were not incurred or aggravated by service. The evidence did not support a finding of service connection for these conditions.

The veteran's appeal of the denial of a higher initial disability rating for left knee scar, currently evaluated as 10 percent disabling, has been withdrawn. The remaining issues involving entitlement to higher ratings for his service-connected left knee post-traumatic degenerative joint disease are remanded for further development.

The veteran's claim for a higher evaluation for his left knee injury is being remanded due to the need to consider whether a separate rating should be assigned for a scar or muscle damage, and to obtain additional medical records.

The Board denied higher initial ratings for the veteran's right shoulder and right knee disorders, finding that the evidence did not support a rating beyond the current evaluations.

The Board denied all of the previously mentioned matters, including service connection claims for various disorders secondary to a pre-existing seizure disorder. The veteran's seizure disorder was found not to be aggravated during service and his psychiatric, spinal, knee, and dental conditions were not shown to have been caused by service or service-connected disabilities.

The Board's decision on November 14, 2006 is vacated due to the veteran's death.