Knee decisions — 2007

The Board denied the veteran's claim for an increased rating for his left knee disability, finding that the evidence did not meet the criteria for a higher evaluation. The Substantive Appeal was also found to be untimely filed.

The Board found that the veteran does not have a current disability of either knee or low back, and therefore denied his claims for service connection.

The Board has determined that the veteran's bilateral hearing loss is causally related to his military service.,The Board has also determined that the veteran's tinnitus is causally related to his military service or is associated with his sensorineural hearing loss.

The Board denied service connection for the cause of the veteran's death, finding that his cause of death (sepsis) was not related to his service or a service-connected disability.

The Board denied increased ratings for the veteran's right and left knee disabilities, as well as his lumbar spine disability. The claims were remanded multiple times but ultimately remained denied.

The Board has determined that the veteran's right knee disability, characterized by arthritis and meniscectomy, does not warrant a rating higher than 10 percent since August 1, 2001.

The Board found no evidence linking the veteran's current left knee disorder to his military service, including any injury sustained during active duty for training (ACDUTRA). The claim was denied.

The Board found that the veteran's bilateral knee disorder existed prior to his entry into service and was not aggravated by military service, thus denying his claim for service connection.

The veteran's request for an extension of his temporary total disability rating based on the need for convalescence due to a service-connected left knee disability has been denied as a matter of law and there is no evidence showing that the June 1998 surgery resulted in severe postoperative residuals necessitating convalescence beyond June 1, 1999.

The Board has determined that the veteran should be afforded an additional orthopedic examination to determine the nature and etiology of his claimed elbow, knee, and heel disabilities. The case is also remanded for issuance of a supplemental statement of the case (SSOC) due to new evidence added since the March 2003 statement of the case.

The Board has determined that the veteran's bilateral leg swelling with thrombosis of the right calf and cervical spine disorder are not related to his service-connected disability of the left leg. Therefore, these claims for service connection have been denied.

The Board has denied the veteran's claims for service connection for bilateral great toe fungal infections and a bilateral knee disability, finding no evidence of such conditions in service or until many years after discharge.

The veteran's appeal on the issue of service connection for a left knee condition has been withdrawn. The Board dismissed the appeal as it was not in the appellant's interest to proceed.

The Board denied service connection for various conditions, including a right shoulder disability, left shoulder disability, skin cancer, pain and numbness of the right knee and great toe, pain and numbness of the left leg, hearing loss, and tinnitus. The claim was decided on the merits without any presumption based on Agent Orange exposure or other specific service connection theories.

The Board has determined that the veteran's left knee and low back disabilities are not caused or aggravated by his service-connected right knee disability.

The Board denied the veteran's claims for service connection for bilateral knee disabilities, joint pain as a residual of rheumatic fever, and COPD. The left knee disability was not shown to be related to service or rheumatic fever. Joint pain was not linked to service or rheumatic fever. COPD was found to be primarily due to tobacco smoking rather than asbestos exposure.

The Board has determined that the veteran does not have a current right knee, low back, or right hand ligament disability as a result of service. The veteran's claims for these disabilities are therefore denied.

The Board has determined that the veteran's right knee disability, which includes cruciate ligament reconstruction and arthritis, does not warrant a rating higher than 10 percent.

The veteran's claim for an earlier effective date for service connection of a bilateral knee disorder was denied as his previous claims were finally denied and he did not file an appeal.

The Board has remanded the veteran's claims for an initial evaluation in excess of 10 percent for his service-connected residuals of a fracture of T-11, left knee disability, and right hip muscle sprain. The RO is to provide further action on these issues.