Knee decisions — 2008

The Board denied service connection for varicose veins of the left leg and bilateral knee disorders, finding that these conditions pre-existed service and were not aggravated by military service.

The veteran's claims for increased ratings for left knee instability, arthritis of the left knee, myofascial back pain, and degenerative changes of the left ankle were denied. The VA determined that there was no evidence of instability or severe lateral instability in the left knee, and that limitation of motion did not warrant a rating higher than 10 percent for the left knee. For the back disability, the veteran's claim was granted at a schedular 20 percent rating effective September 1, 2006.

The Board has remanded the claims of service connection for right and left knee disabilities due to inadequate VA examinations and need for additional evidence.

The Board denied the veteran's claims for service connection for bilateral pes cavus and bilateral knee disability.

The Board has determined that the veteran's pre-existing right knee disorder was aggravated by service, warranting service connection for this condition. The need for regular aid and attendance or at the housebound rate is also granted.

The Board found that the appellant's knee problems were not incurred or aggravated by service, and denied his claim for service connection.

The veteran's right knee disability has been rated based on instability and arthritis, with the highest ratings for both conditions not being met throughout the appeal period. From January 14, 2008, a lower rating is assigned for flexion and extension.

The veteran's claim for service connection for bilateral pes planus and related ankle, knee, and hip disabilities is being remanded due to the need for additional development. The examiner must determine if the pre-existing bilateral pes planus was aggravated by active military service and whether any current hip, knee, or ankle disabilities are secondary to the veteran's service-connected bilateral pes planus.

The Board denied the appellant's claim for an earlier effective date for the grant of aid and attendance benefits, finding that entitlement to such benefits was first demonstrated on August 11, 2005.

The Board found that the veteran's right knee and low back disabilities were not incurred or aggravated during military service, nor could they be presumed to have been so incurred. The VA examiners' opinions supported this conclusion.

The Board granted an initial evaluation of 20 percent for the service-connected right knee disability beginning May 27, 2006. The veteran's other claims were denied.

The veteran's claim for an increased rating for his right knee ACL disability is being remanded due to the need for additional evidence and a revised notification letter.

The Board denied the veteran's claims for service connection for residuals of a right foot injury, residuals of a left foot injury, asbestosis, skin rash of the right index finger, diabetes mellitus to include as due to herbicide exposure, PTSD, emphysema, and an initial rating greater than 10 percent for degenerative joint disease of the right knee.

The Board denied service connection for anxiety, sinusitis, a left knee disorder, vision problems and a left hip disorder as they were not related to the veteran's active service.

The appeal is remanded for an examination to determine the current severity of the veteran's service-connected right knee disability.

The veteran's lumbosacral spine, right knee, and left knee disabilities do not meet the criteria for increased ratings.

The Board denied service connection for hepatitis C and residuals of a right knee shell fragment wound as there was no evidence to support the veteran's claims.

The Board denied service connection for bilateral hearing loss, chronic tinnitus, low back pain, and bilateral knee pain as there is no evidence of these conditions in service or within one year of discharge, and no evidence linking them to the veteran's period of active military service.

The Board has determined that the veteran's degenerative joint disease of the left knee is service-connected, but his right knee disability cannot be linked to military service.

The veteran's appeal is being remanded due to incomplete service records and the need for a statement of the case (SOC) on issues related to bilateral knee injury and bilateral thigh condition. The claims for hearing loss, tinnitus, and knee injuries/thigh conditions will be returned to the Board after issuance of the SOC.