Knee decisions — 2007

The Board has remanded the case to the RO for consideration of new evidence submitted by the veteran, and the RO will then issue a supplemental statement of the case.

The veteran's appeal for increased ratings and service connection was denied. The maximum schedular rating of 10 percent for tinnitus has been granted, but no other claims were successful.

The Board has determined that the veteran's claims for service connection for left thigh and left knee disabilities are granted as they are found to be related to his military service.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for a right knee disorder as secondary to the service-connected left knee disorder. However, the preponderance of the competent medical evidence does not support this reopening.

The veteran's claim for an earlier effective date for a 40 percent evaluation for service-connected arthritis of the right knee was denied. The RO found that the evidence did not show impairment warranting such a rating prior to September 30, 2004.

The Board found no CUE in the September 1963 rating decision that denied service connection for a right knee disability, as the evidence did not support finding an increase in severity of pre-existing injury during service.

The Board has determined that the veteran's left knee disability does not meet or approximate the criteria for a higher rating based on limited range of motion, and therefore denies an increased rating.

The Board has granted service connection for the veteran's left knee disability and assigned a noncompensable disability evaluation. The issue of entitlement to an initial compensable evaluation for patellofemoral pain syndrome of the left knee is still pending.

The veteran's left knee arthritis and instability are currently rated as 10 percent for the former issue, and a separate 20 percent rating is granted for instability since May 1, 2007. The veteran does not meet criteria for higher ratings under these conditions.

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

The veteran was granted a temporary total evaluation for convalescence from his right knee surgery until January 21, 2005. After this date, he was found to be able to return to light duty employment.

The veteran's death was caused by a laceration of the brain due to a car accident, not related to any service-connected condition. The cause of death is deemed to be willful misconduct.

The veteran's claim for an initial disability evaluation in excess of 10 percent for chronic low back pain was granted, with a rating of 20 percent effective from May 17, 1998.

The veteran's service-connected disabilities have not worsened to the extent that he is unable to perform the duties of his occupation, and the occupation in which he was trained is still suitable given his current employment handicap. The Board therefore denies an extension of the period of eligibility for vocational rehabilitation services.

The Board has denied the veteran's claims for service connection for various conditions, including back pain, shoulder disorders, hip condition, knee and ankle issues, foot and toe joint problems, fatigue, and joint problems. The evidence does not support a finding that any of these conditions are related to military service.

The veteran's claim for an increased evaluation for varus deformity of the left knee was denied as his disability did not meet the criteria for a higher rating.

The Board has determined that a remand is necessary to address the service connection claims for various disorders, including right knee disorder, left knee disorder, left shoulder disorder, right foot numbness, low back pain, gastroesophageal reflux disorder (GERD), and irritable bowel syndrome (IBS).

The Board found that the veteran's right knee disability was not caused or aggravated by VA carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault. Therefore, compensation under 38 U.S.C.A. § 1151 for this condition is denied.

The veteran's right knee disorder and hypertension were granted, but the rating for the right knee disorder was limited to 30 percent with arthritis rated separately. The hypertension was initially noncompensable prior to April 6, 2004, and then rated at 10 percent as of that date.

The Board denied the veteran's claim for service connection for a bilateral knee disability in December 1998. The RO has determined that new and material evidence has not been submitted to reopen this claim.