Knee decisions — 2008

The veteran's left knee disability, post-total knee replacement, is currently rated at 30 percent and remains unchanged from September 1, 2006.

The Board denied the veteran's claims for service connection for GERD, an initial rating in excess of 20 percent for diabetes mellitus, and increased ratings for his bilateral hip and knee strains. The veteran's hypertension was assigned a 10% rating.

The Board has determined that new and material evidence has not been submitted to reopen the claim for service connection of a left knee condition. The veteran's claims are pending as he is seeking to have his previous denial reopened.

The veteran has withdrawn his appeal, and the case is dismissed.

The VA determined that the veteran's right knee disability, characterized by arthritis with associated limitation of motion and pain, did not warrant a rating higher than 20 percent from November 6, 2004.

The veteran's claims for increased ratings for GERD and a left knee disorder are being remanded to allow for further development.

The veteran's claims for service connection are being remanded due to the need for additional evidence, including in-patient hospital records and VA clinic records.

The Board has denied the veteran's claims for service connection for a left knee disability, low back disability, and right hip disability as secondary to his service-connected right foot disability due to lack of evidence showing current disabilities or continuity of symptoms.

The Board found that the veteran did not timely appeal the January 1967 rating decision denying service connection for a right knee disability, and thus the decision is final. The claim was reopened based on new evidence submitted since the last denial.

The Board found no current disability associated with patellar tendonitis, left knee. The veteran's eustachian tube disorder and foot pain are not related to service.

The veteran's lumbar spine laminectomy with fusion is rated at 10 percent, and he has a separate rating of 10 percent for right lower extremity radiculopathy. His left hip osteoarthritis and early degenerative arthritis of the right knee are each rated at 10 percent. Bilateral cataracts with dry eye syndrome and punctuate keratitis are rated at 0 percent.

The VA denied the veteran's claim for an increased disability rating for his left knee disability, currently evaluated at 20 percent.

The Board denied the veteran's claims for service connection for left and right knee disabilities, as well as a higher rating for his lumbar spine disability. The decision also noted that prior to October 26, 2005, the veteran's lumbar spine disability was rated at 20 percent; however, beginning October 26, 2005, it warranted a 40 percent rating.

The Board has granted increased disability ratings of 20 percent for the veteran's service-connected bilateral knee disabilities, effective as of the date of the decision.

The Board denied service connection for residuals of a cold injury of the hands and feet, to include arthritis of the knees due to lack of evidence linking these conditions to active military service.

The Board found that the veteran's degenerative joint disease of the right knee, left knee, and right shoulder did not have its onset in service or within one year of service. The evidence does not support a finding that these conditions are related to military service.

The veteran's claims for increased ratings for his cervical spine, left knee, and right knee disabilities are being remanded for additional development.

The Board denied the veteran's claims for service connection for tinnitus, left knee disorder, and left ankle disorder. The decision found no evidence of a current disability related to these conditions, and the medical opinion provided did not support a nexus between any diagnosed condition and service.

The Board has granted a rating of 20 percent for the veteran's service-connected left knee disorder, effective from January 25, 2007. The issues regarding neck injury and hypertension have been addressed in the REMAND portion of this decision.

The Board has remanded the case due to insufficient evidence regarding whether chondromalacia of the left patella is a form of arthritis, which would support service connection for a left knee disability. The claim will be further developed and adjudicated.