Knee decisions — 2007

The veteran's claims for service connection for PTSD, Anxiety Disorder, Residuals of Right Knee Injury, and Migraine Headaches have been dismissed as the appellant has withdrawn these claims.

The Board has decided to remand the case for additional development, including obtaining medical records and scheduling examinations. The veteran's claim of entitlement to an evaluation in excess of 20 percent for her left knee disability will be reconsidered after these steps.

The Board has determined that the veteran's claims for increased ratings for cervical spine arthritis, low back strain, and right knee arthritis are denied as his conditions do not meet the criteria for higher disability ratings under the applicable diagnostic codes.

The Board has determined that the veteran's claimed bilateral ankle and knee disorders did not have their onset in service or are otherwise related to military service, leading to a denial of his claims.

The VA determined that there is no evidence linking the current right knee disability to service, and thus denied the veteran's claim for service connection.

The Board has denied the veteran's claims for service connection for sleep apnea, hypertension, and degenerative joint disease of the knees. The appeals are based on a back disability that was not initially diagnosed until years after service.,No new evidence has been received to reopen the claim for a back disability.

The veteran's service-connected disabilities, including PTSD, lumbar spine disability, left and right knee disabilities, tinnitus, and right ear hearing loss, have rendered him unemployable. The Board has granted TDIU based on the combined rating of 70 percent for these conditions.

The Board denied the veteran's claims for increased ratings and service connection, finding that the evidence did not support a higher rating or service connection based on the claimed conditions.

The Board denied the veteran's claim for a higher rating for his right knee disorder, finding that it did not meet the criteria for a disability rating higher than 20 percent.,The Board also denied the veteran's claim for service connection for hepatitis C, concluding there was no evidence linking the condition to his military service.

The veteran's claims for increased ratings for his service-connected right and left knee disabilities, as well as his low back disability, were denied. However, the veteran was granted a noncompensable evaluation for his service-connected residuals of a fracture of the third and fifth fingers of the left hand and pes planus with calcaneal spurs, status-post fracture of the right 5th metatarsal bone with plantar fasciitis and residuals (bilateral foot disability).

The Board denied an evaluation in excess of 30 percent for the veteran's right knee disability and granted a 10 percent evaluation for his left knee disability.

The Board has remanded the case for additional development, including an orthopedic examination to determine the nature and severity of all residual disabilities stemming from the in-service fracture of the tibia and fibula. The examiner is instructed to address whether any right knee disability found is a residual of the original fracture or if it developed secondary to or was aggravated by the residuals of the in-service fracture.

The Board has determined that the veteran's right knee impairment does not meet or approximate the criteria for a disability rating in excess of 10 percent.

The Board has reopened the claim for service connection of a left hip disorder and granted it. The veteran's left knee disability is currently rated at 10 percent.

The Board has determined that the veteran does not have a current disability for which service connection can be granted, specifically regarding bilateral hearing loss and chronic knee disabilities. The claims are denied.

The Board has determined that there is no evidence of a current disability related to the veteran's lower back or right knee conditions, and thus service connection for these conditions cannot be granted.

The Board denied reopening of the veteran's claims for service connection for tinnitus, psoriasis, degenerative arthritis of the cervical spine, degenerative arthritis of the lumbar spine, and both knees. The new evidence submitted since the last denial was not considered material.

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

The veteran's claim for an earlier effective date for the grant of service connection for arthritis of the shoulders, knees, elbows, hands, and feet due to meningitis with toxic tenosynovitis was denied as there was no CUE in the January 1970 rating decision.