Knee decisions — 2007

The veteran's right foot drop, low back disability, right hip disability, and left knee disability are not deemed to be the result of VA carelessness, negligence, or similar fault. The Board finds that these disabilities were not caused by VA medical treatment.

The Board has determined that the veteran does not have a left knee disability attributable to his active military service and finds no evidence of aggravation by a service-connected condition. Therefore, the claim for service connection is denied.

The Board has remanded the case for further action, including scheduling a Travel Board hearing and addressing the issues of service connection for PTSD and reopening the claim for left knee disorder.

The Board has denied the veteran's claims for service connection for degenerative joint disease of the left knee and lumbar stenosis with L-4 radiculopathy, as well as his claim for an increased rating for medial meniscus tear of the right knee. The decision also notes that the veteran may wish to verify his service in Vietnam if he served there after January 9, 1962.

The veteran's claims for service connection for diabetes mellitus, Charcot joint collapse of the right foot, arthritis of the right knee, and arthritis of the left knee were all denied as there is no evidence linking these conditions to his military service or exposure to herbicides. The Board found that the veteran did not have service in Vietnam and thus could not establish presumptive service connection for diabetes mellitus due to Agent Orange exposure.

The Board has dismissed the veteran's appeal as there is no legal entitlement to an effective date prior to July 27, 1977 for the grant of service connection for a right knee disorder.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of his right knee condition and whether it caused or aggravated his left knee disability.

The Board denied the veteran's claims for service connection for a bilateral knee disability, excessive fatigue/chronic fatigue syndrome, and sleep apnea. The Board found that these conditions were not related to his military service.

The Board finds that the veteran's back and right knee disorders are not related to her military service.,The Board also found that there is no evidence of a current psychiatric disorder, such as PTSD, due to in-service sexual assault.

The Board has denied the veteran's claim of service connection for degenerative joint disease of the left knee as secondary to his service-connected traumatic arthritis of the right knee, finding that there is no evidence linking the current condition to active service or a service-connected disability.

The Board has remanded the case for additional development due to issues related to service connection and reopening of a PTSD claim, as well as hearing loss.

The Board denied the veteran's claims for service connection for a left knee disability and for a temporary total rating based on surgery and convalescence for his left knee. The Board found that there was no evidence of an in-service injury or disease related to the current left knee disability, and thus denied both claims.

The Board denied the veteran's request for a temporary total rating under 38 C.F.R. § 4.30 based on his service-connected right knee disability, finding that he did not meet the criteria for such a rating.

The veteran's current scar of the left face, on his cheek, is related to service and he has been granted service connection for this condition. The Board also found that there was a current disorder (likely a muscle or nerve damage) related to service but did not determine if it met the criteria for service connection.

The Board has decided to remand the case for additional development, including obtaining treatment records and an addendum from a doctor who examined the veteran in December 2004.

The Board has granted service connection for PTSD, finding that the veteran engaged in combat and experienced a stressor related to his Vietnam service. Service connection was denied for Osgood-Schlatter's disease of the right leg and knee.

The Board has determined that an effective date prior to February 19, 2004 for the grant of service connection for a right knee disability is denied.

The Board has remanded the case to the RO for further development and compliance with instructions from a Joint Motion for Remand. The veteran's claim will be reconsidered under the correct version of 38 C.F.R. § 3.156(a) effective for claims to reopen filed on and after August 29, 2001.

The Board denied an increased rating for the veteran's service-connected left knee disorder, finding that the current 30 percent rating is the maximum schedular rating based on instability.

The Board has determined that the veteran does not have a right knee disorder or left knee disorder that is attributable to his military service.