Knee decisions — 2008

The Board has determined that there is no evidence linking the veteran's current disabilities to his military service, and thus denied the claims for service connection.

The Board has determined that the veteran's claimed right and left knee disabilities were not incurred or aggravated by service, and therefore denied both his primary and secondary service connection claims.

The veteran's service-connected lumbar spine and bilateral knee disabilities were evaluated, but the claims for increased ratings were denied as his conditions did not meet the criteria for higher evaluations under the applicable rating schedule.

The Board denied the veteran's claims for service connection for tinnitus, bilateral hearing loss, pes planus, and a left knee disability due to lack of medical evidence linking these conditions to his military service.

The Board has granted an effective date of October 27, 1983 for the award of service connection for right cervical radiculopathy. The veteran's attorney asserts that a letter he wrote to his United States Senator in 1983 should be considered as an informal claim for this benefit.

The Board has ordered a remand to obtain VA treatment records and schedule the veteran for a VA examination of his left knee and left little finger. The appeal will be reconsidered after these actions are completed.

The VA has determined that the veteran's left knee disability, which includes post-operative arthrotomy and degenerative joint disease, warrants a 10 percent rating. The condition is currently rated based on limitation of motion without additional functional loss due to pain or other factors.

The Board has determined that the veteran filed valid NODs against the August 12, 1971 rating decision denying service connection for a left knee disorder. The case is remanded to issue a Statement of the Case.

The Board has granted a temporary total rating for one year beginning on January 26, 2004 for the service-connected left knee disability based on surgical treatment necessitating convalescence.

The Board denied an earlier effective date for the award of service connection for degenerative joint disease of the right hip and knee, finding that entitlement to service connection arose after the diagnosis of the condition in 2000.

The Board has determined that the veteran's right knee pain and hiatal hernia with gastroesophageal reflux disease are service-connected due to their connection to his military service, specifically his deployment in Iraq. The Board found that these conditions meet the criteria for a 10% rating under Diagnostic Code 5003.

The veteran's claims for increased ratings and effective dates were denied. The right hand disability was rated at 20 percent, effective from December 18, 2001.

The veteran has withdrawn her appeal for service connection of a right knee disability, and the Board is dismissing the appeal.

The Board has determined that the veteran's right and left knee disabilities were not incurred in or aggravated by his military service, and thus denied both claims.

The Board has granted the veteran's claims for an extension of temporary total rating due to treatment for service-connected right knee disability and increased ratings for hiatal hernia. The appeals regarding service connection for respiratory, sinus, bilateral foot, left knee, and right shoulder disabilities are denied.

The Board denied increased ratings for the veteran's left knee degenerative joint disease and residuals of a meniscectomy, finding that the current disability ratings adequately reflected his symptoms.

The Board finds that the veteran's current left knee disability is at least as likely as not related to an in-service injury, and service connection for this condition is granted. The earlier effective date claim for chronic left elbow strain is also granted.

The veteran's service-connected conditions were evaluated at the 10 percent level for most of the appeal period, with some exceptions. The Board denied higher evaluations for various conditions.

The veteran's original claim for service connection for right knee disability was received by the RO on October 15, 2003. The Board finds that an earlier effective date is not warranted as the claim was filed after the initial grant of service connection for right femur fracture.

The Board finds that the veteran's service-connected disabilities did not meet the schedular criteria for a TDIU prior to January 29, 2003. As such, an earlier effective date is denied.