Knee decisions — 2007

The Board has granted service connection for a surgical scar of the left knee, finding that it was incurred as a result of active duty. The issue regarding a left knee disability other than a surgical scar is still pending.

The veteran is seeking compensation under the provisions of 38 U.S.C.A. � 1151 for right foot drop, low back disability, right hip disability, and left knee disability as a residual of a total right knee replacement surgery performed at a VA medical facility in January 1990. The case has been remanded to allow for further examination and evaluation.

The Board has determined that the preponderance of the evidence is against the veteran's claims for service connection for sensorineural hearing loss, left knee degenerative joint disease, and left pre-Achilles and retrocalcaneal bursitis.

The veteran's claims for increased ratings for patellofemoral syndrome of the left and right knees were denied as there was no evidence showing limitation of motion or instability warranting a higher rating.

The Board denied service connection for a left knee condition and hypertension, and granted service connection for renal lithiasis with a noncompensable evaluation.

The Board has determined that the veteran's service-connected patellofemoral syndrome of the right knee does not warrant a higher disability rating, and her hysterectomy scar does not meet the criteria for a compensable disability rating.

The veteran seeks service connection for degenerative changes to his left knee, but the claim is remanded due to insufficient evidence regarding his periods of active duty, ACDUTRA, and INACDUTRA.

The Board has remanded the case for further action, including scheduling a hearing before a Veterans Law Judge.

The veteran's claims for increased ratings and service connection were denied. The VA found that the veteran does not have a current bilateral hearing loss disability for VA compensation purposes, and his tinnitus is rated at its maximum allowable under VA regulations.

The Board has ordered additional development of the veteran's claim for service connection for a right knee disorder due to incomplete records and lack of medical opinion.

The veteran's bilateral knee disability is found to have originated during active duty service and the Board grants entitlement to service connection.

The veteran has loss of one lower extremity (left above-knee amputation) together with residuals of organic disease or injury due to service-connected disabilities which so affect the functions of balance or propulsion as to preclude locomotion without the aid of a wheelchair. The criteria for assistance in acquiring specially adapted housing have been met.

The Board denied the veteran's claims for restoration of a 10% evaluation for bilateral hearing loss, service connection for bilateral hand disability (claimed as peripheral neuropathy), and service connection for bilateral knee disability. The reduction in his hearing loss rating was upheld.

The Board has determined that the veteran's hip and knee replacements are not related to his active military service, as there is no evidence of a pre-existing condition or aggravation during service. The veteran's right hip replacement was due to Perthe's disease which he had since childhood, and his left hip replacement was also due to Perthe's disease. His right and left knee replacements were not incurred in service.

The veteran withdrew his appeal for the issues of tinnitus, vertigo, respiratory condition, right knee pain, and electrolyte imbalance at a hearing.

The Board denied the veteran's claim for an earlier effective date for service connection due to arthritis of the right knee and instability, finding that the August 1977 rating decision was not clear and unmistakable error. The effective date remains April 10, 2003.

The Board found that the veteran's heart condition, diagnosed as pericarditis, did not occur during active duty and is not related to service. The veteran also does not have a current heart condition related to his 1992 episode of pericarditis. For osteoarthritis of the knee, there is no evidence of such condition in service records or within one year post-service. Therefore, both claims for service connection were denied.

The Board has remanded the case to the RO for further action, including scheduling VA examinations and adjudicating increased rating claims and secondary service connection claims. The TDIU claim will be re-adjudicated after these actions.

The Board has determined that the veteran's injuries were due to his willful misconduct, specifically intoxication from alcohol consumption. As a result, he does not meet the basic eligibility requirements for nonservice-connected disability pension benefits.

The Board found no evidence of a chronic left knee disorder during service and concluded that any current left knee disorder is not related to service. The claim for service connection was denied.