Knee decisions — 2007

The Board denied the veteran's claims for service connection for various conditions, including colon cancer and COPD, all of which were attributed to asbestos exposure. The Board found that there was no evidence linking these conditions to service or any other inservice event.

The Board has determined that the veteran's service-connected recurrent left knee ganglion cyst warrants a 10 percent disability rating, effective from April 1, 2003. The TDIU claim is denied as his service-connected disabilities do not prevent him from securing and following substantially gainful employment.

The Board has remanded the case for a new VA examination to determine if the veteran's left knee disability is related to his service-connected right knee disability. The TDIU claim will also be remanded as it may be impacted by the outcome of the service connection claim.

The Board denied service connection for bilateral knee disability and low back disorder, finding that the evidence did not support a nexus to service.

The VA has denied a higher initial evaluation for Osgood-Schlatter disease of the right knee, as it does not meet the criteria for a rating in excess of 10 percent.

The Board denied the veteran's claim for an increased disability rating for his grade III chondromalacia of the left knee, finding that the current 10 percent evaluation adequately compensates him for his disability.

The Board denied service connection for hypertension and bilateral knee disorder, finding no new and material evidence to reopen the previously denied claims.

The Board denied the veteran's claims for increased evaluations for his left and right knee disabilities, finding that there was no evidence of limitation of motion or instability warranting a higher rating.

The Board has determined that the appellant is not eligible for VA death benefits as he was over the age of 18 and capable of earning a salary at the time of his father's death.

The Board has remanded the case for additional development, including obtaining medical records and arranging for a VA examination. The veteran's claim is also referred to determine if an extraschedular rating is warranted.

The Board has determined that there is no current left knee disability and thus, the veteran's claim for service connection for a left knee disability secondary to his service-connected lumbosacral strain is denied.

The Board has determined that the veteran's service-connected hemorrhoids do not warrant a compensable disability rating, as they are currently rated as noncompensable.

The Board has determined that there is no evidence of a current respiratory condition or migraine headaches, and the veteran's bilateral knee condition was not incurred during service. The claims are therefore denied.

The Board has decided to remand the case due to insufficient medical evidence and the need for additional development, including obtaining treatment records from a Naval Hospital and SSA disability benefits information. The veteran's right knee condition is currently diagnosed as recurrent bilateral patellofemoral dislocation and mild degenerative joint disease of the right knee.

The Board found that service connection is not warranted for a low back, bilateral leg (including left ankle), or bilateral knee disability. The veteran's claims of service connection for a headache disability are remanded.

The Board has determined that the veteran did not file a timely substantive appeal regarding his claim for increased evaluations for disabilities involving the left shoulder, the left knee, the right shoulder, and the lower back. As a result, the March 2003 rating decision is denied.

The Board has determined that the veteran's claims for increased ratings for instability of the left knee and degenerative joint disease of the left knee prior to November 7, 2006 are denied as his conditions do not meet the criteria for a higher rating under applicable VA regulations.

The Board has decided to remand the case for further development, including a VA examination and compliance with VCAA requirements.

The Board found no evidence of a right knee injury or disability during service and denied the veteran's claim for service connection.

The Board found that the veteran's right knee disorder, characterized by severe recurrent subluxation or lateral instability, is currently assigned the maximum schedular rating of 30 percent. Therefore, a higher rating for this condition was denied.