Knee decisions — 2008

The veteran withdrew his appeals for service connection for a personality disorder, claimed as depression; a right knee disorder, claimed as secondary to service-connected disability; and a left knee disorder, claimed as secondary to service-connected disability.

The veteran's appeal for service connection for various disabilities is being remanded to the RO for scheduling of a hearing before a Veterans Law Judge.

The Board remanded the claims for a higher rating for the veteran's left knee conditions due to insufficient evidence.

The Board found that the reduction from 40 percent to 20 percent for the veteran's service-connected right knee disability was proper.

The veteran's claims for increased ratings were denied as the evidence did not support a higher rating for his knee and foot conditions or migraines.

The veteran's claims for initial evaluations in excess of 20 percent for low back disability, and in excess of 10 percent for degenerative joint disease of the right and left knees are being remanded to schedule additional examinations.

The veteran's initial rating for hypothyroidism with mild exophthalmia was increased to 30 percent, while the claim for an initial compensable rating for left knee patellofemoral syndrome remains pending.

The Board granted service connection for a cervical spine disability, bilateral knee disability, left ankle disability, and bilateral foot disability as secondary to the veteran's service-connected lumbar intervertebral syndrome. The claims for a bilateral elbow disability, bilateral hand disability, bilateral shoulder disability, and right ankle disability were denied.

The veteran's timely appeal to the claim of entitlement to service connection for osteoarthritis of the right knee, claimed as secondary to service-connected residuals of left knee trauma, was acknowledged and the claims for service connection for hypertension, increased rating for left knee disability, and increased rating for left total knee arthroplasty were deferred pending a further hearing.

The Board denied the veteran's claims for service connection for memory loss, left knee pain (claimed as arthritis), numbness in the arms and legs, and neuropsychiatric disorder (claimed as anxiety and depression) due to a lack of evidence linking these conditions to his military service or an undiagnosed illness.

The Board denied service connection for hyperthyroidism and a higher rating for the right elbow injury, but remanded other claims for further development.

The Board denied service connection for an acquired psychiatric disorder, a bilateral knee disorder, and determined that new and material evidence had not been received to reopen claims for chronic obstructive pulmonary disease and a back disorder.

The Board found that the reduction in the veteran's left knee disability rating was not proper and granted a separate 20 percent rating under diagnostic code 5257 for moderate recurrent subluxation, effective from December 1, 2004.

The Board denied service connection for a left knee disability as the evidence did not show that the current condition was related to an in-service injury or event.

The Board denied the veteran's claim for a rating in excess of 10 percent for residuals of a right knee injury, as there was no evidence of significant functional loss or other factors that would warrant a higher rating.

The veteran's left hip, left knee and lumbar spine disabilities were not related to service or secondary to his service-connected pes planus and hallux valgus.

The veteran's claims for service connection for sinus bradycardia and hypertension were denied, as there was no evidence of current disabilities. The initial ratings for sinusitis, recurrent headaches, chronic strain of the lumbosacral spine, status post right knee menisectomy, and degenerative joint disease of the right knee were also denied.

The Board denied increased ratings for the veteran's knee and back disabilities, finding that the current 10 percent ratings were appropriate given the evidence of record.

The Board granted the petition to reopen a final disallowed claim for service connection for major depression but denied the claim on the merits.

The Board granted service connection for tinnitus and remanded the issues of an initial evaluation in excess of 10 percent disabling for left knee bursitis, and whether new and material evidence has been presented to reopen a claim of entitlement to service connection for a left shoulder condition.