Knee decisions — 2007

The Board has determined that service connection is not warranted for any of the claimed disabilities, including those related to herbicide exposure.

The veteran's service-connected disabilities, including instability of the right and left knees, post-operative osteochondral fracture with a torn medial meniscus and traumatic arthritis of the right knee, instability of the left knee, osteoarthritis of the left knee, left ear hearing loss, otitis media of the left ear, and scar, post-operative pilonidal cyst, are found to be sufficiently severe to preclude him from securing or following a substantially gainful occupation. As such, he is entitled to a TDIU.

The VA has assigned a 10 percent evaluation for the right knee disability, which is the maximum rating available under Diagnostic Code 5257. The appellant's symptoms do not meet or approximate the criteria for a higher evaluation.

The Board has determined that the veteran's residuals of a gunshot wound to the right knee with retained metallic fragments warrant a 20 percent rating, but not greater.

The veteran's claims for service connection for hearing loss, hypertension, and a right knee disorder are being remanded due to the need to obtain his service medical records.

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 these previously denied claims.

The Board has granted a separate 10 percent rating for limitation of flexion of the right knee and left knee since June 22, 2005. The veteran's initial ratings for her bilateral knee disabilities remain at 20 percent. A 10 percent rating is also granted for her right foot hallux valgus with bunion.

The Board denied the appellant's claims for increased ratings for bilateral hearing loss and hemorrhoids, as well as his service connection claims for migraine headaches, nephrolithiasis (kidney stones), and left knee disability. The Board found that the evidence did not meet the criteria for a compensable rating under applicable VA regulations.

The Board has determined that the veteran does not have residuals of frostbite or brain damage, and therefore cannot be granted service connection for these conditions. The claim for service connection for Reiter's syndrome is denied as there is no evidence of current disability.

The Board has ordered additional development of the record to determine if any current right knee disability is related to service, including aggravation during service.

The veteran's claims for service connection have been granted. Service connection is established for an acquired nervous disorder, heart condition, Type II adult onset diabetes mellitus, and a skin disorder due to Agent Orange exposure. Claims for pancreatitis, low back pain, knee pains, and erectile dysfunction were denied.

The Board has determined that the veteran's claimed bilateral knee, shoulder, and ankle disorders are not related to his active service. The claims for service connection have been denied.

The Board has denied the veteran's claims for service connection for left knee disorder and disability attributable to asbestos exposure, finding no evidence of in-service injury or disease, and noting a lack of medical evidence linking current conditions to service.

The veteran's initial ratings for his left knee and bronchial asthma were granted, but he is still seeking higher ratings. The left knee was rated at 10 percent prior to September 15, 2005, and as of November 1, 2005. His pseudofolliculitis with keratosis pillaris remains at 10 percent, while his bronchial asthma is currently rated at 30 percent.

The veteran's service-connected disabilities, including atherosclerosis, coronary artery bypass, left total knee arthroplasty and arthritis, ichthyosis vulgaris, right knee degenerative joint disease with arthritis, hypertension, lumbosacral spine degenerative disc disease, bilateral pes planus, right knee instability, iritis, impotence associated with atherosclerosis, and degenerative joint disease of the left elbow, preclude him from securing or following a substantially gainful occupation.

The Board has remanded the case for scheduling a videoconference hearing before a Veterans Law Judge at the RO. The veteran's claims of service connection for bilateral knee, ankle, and pes planus disabilities are pending.

The Board denied the veteran's claims for a higher rating for his right knee disability and SMC benefits based on loss of use of a lower extremity. The RO continued the current 20 percent rating for the service-connected right knee disability, which is characterized by limited range of motion and instability.

The Board granted service connection for osteoarthritis of the left knee, status post excision of osteochondroma with a rating of 10 percent disabling effective from June 19, 2001. The earlier effective date request was also granted.

The Board has granted service connection for degenerative joint disease of the left ankle and degenerative joint disease of the left knee, finding that these conditions are related to service. Service connection was denied for left hip and left leg disabilities due to lack of diagnosed conditions.

The Board denied the veteran's claims for increased ratings for his right knee and bilateral wrist disabilities, finding that the evidence did not support higher evaluations based on limitation of motion or other criteria.