Knee decisions — 2007

The Board has remanded the claim for an increased rating of the veteran's left knee disorder due to the need for further development, including a VA examination and consideration of new evidence.

The Board has denied the veteran's claims for service connection for bilateral hearing loss, bilateral knee disorders, and residuals of encephalitis (including a seizure disorder) as there is no evidence linking these conditions to his military service.

The veteran's service-connected right and left knee disabilities render him unable to perform physical or sedentary work in a substantially gainful capacity, meeting the criteria for TDIU benefits.

The Board has determined that the veteran's left knee disability was incurred during active military service and grants service connection for this condition. The right knee disability is also found to be related to service, but further clarification from the VA examiner regarding the relationship between the two knees is needed.

The Board denied the appellant's claim for service connection for his right knee arthritis, finding that there was no credible evidence of an in-service injury and that he did not meet the minimum 90-day requirement for active duty service.

The Board found no basis for increased ratings for the veteran's right and left knee disabilities, as well as his olecranon bursitis of both elbows. The medical evidence did not show sufficient functional loss or impairment to warrant higher evaluations.

The veteran's service-connected left knee disability alone does not render him unemployable, as he is capable of engaging in sedentary employment.

The Board denied the veteran's claims for increased evaluations for lateral instability of the right knee, limitation of extension of the right knee associated with chondromalacia patella, and degenerative arthritis of the right knee. The RO assigned a 20 percent evaluation for each condition.

The Board has denied the veteran's claims of service connection for a left knee disability and left foot drop, finding that there is no evidence linking these conditions to his time in active military service. The claim of service connection for arthritis of the left ankle was granted as it is likely attributable to his active military service.

The Board has determined that the veteran's left knee arthritis is not related to his service-connected right knee disability and therefore denied the claim for service connection.

The Board has denied the veteran's claims for service connection for heart condition and traumatic arthritis in the knees, hips, and left shoulder as there is no evidence of these conditions during or within one year after service. The veteran did not have a diagnosis of arthritis at any time.

The Board has determined that the veteran's right knee condition does not warrant a higher evaluation, as it is currently evaluated at 20 percent. The evidence shows slight instability and limited range of motion but no severe subluxation or lateral instability.

The Board found no evidence of current disabilities for the right and left knees, thoracic spine, cervical spine, or lumbar spine. The veteran's claimed spinal issues are attributed to post-service injuries.

The Board has decided to remand the case due to inadequate VCAA notice and will require further development of evidence before deciding whether new and material evidence has been submitted to reopen a claim for service connection for a left knee disorder.

The veteran's appeal regarding the propriety of removing Dependent A from his award and denying additional benefits for Dependent B is being remanded to allow scheduling a videoconference hearing.

The Board denied the veteran's claims for increased evaluations for his cervical spine, right wrist, left knee, and right knee disabilities. The claim of service connection for hypertension was also denied as there is no indication that it was incurred in service.

The veteran's service-connected disabilities do not meet the criteria for specially adapted housing assistance or a special home adaptation grant due to his obesity, diabetes, and heart disease.

The Board has determined that the veteran's claims for service connection have been denied as new and material evidence was not received to reopen his previously denied claims.

The Board found that the veteran's preexisting personality disorder was not aggravated by service and denied claims for service connection for a psychiatric disorder and bilateral knee disability.

The veteran's claims for service connection for chronic fatigue syndrome, skin disability (eczema, folliculitis, dermatitis), muscle disorder, neurological disability, and cardiovascular disability were denied. The claim for skin disability was granted.