Knee decisions — 2008

The veteran's service-connected chondromalacia of the left knee is rated at 10 percent, and his bilateral hearing loss is rated noncompensable. The Board found that these ratings accurately reflect the severity of the disabilities.

The veteran's claims for increased ratings for his left knee conditions and scar are being remanded for further development.

The appeal is remanded to the RO for additional evidentiary development.

The veteran's claims for service connection for a bilateral knee, bilateral ankle, low back, and left shoulder conditions were granted. The claim to reopen the service connection for a skin disorder was denied.

The Board denied service connection for bilateral knee disabilities and residuals of head trauma as the evidence did not support a finding that these conditions were incurred in or aggravated by active service.

The veteran's claims for service connection for heart disease, an initial evaluation in excess of 10 percent for the bilateral shoulder and left knee disabilities, and an initial compensable evaluation for the right wrist disability are being remanded to the RO for additional development.

The Board denied service connection for right and left knee disabilities as the conditions were not incurred in or aggravated by active service, and there is no evidence of a chronic disorder during service or within one year thereafter.

The Board remands the case to the agency of original jurisdiction for issuance of a letter which contains all of the information required by 38 U.S.C. § 5103 and its implementing regulation, 38 C.F.R. § 3.159.

The veteran's claims for earlier effective dates, increased ratings, and service connection were denied.

The appeal to reopen a claim of service connection for residuals of a left knee injury was denied because the evidence received since the August 2000 rating decision does not raise a reasonable possibility of substantiating the claim.

The veteran's claims for increased ratings were partially granted, with some conditions receiving higher ratings and others remaining at their current levels.

The veteran's right knee disability, manifested by ligament tenderness and subjective complaints of pain controlled by over-the-counter medication with clinical findings of crepitus and arthritis shown by x-ray evidence, does not warrant a rating in excess of the currently assigned 10 percent under Diagnostic Codes 5257 or 5003.

The case was remanded for further development, including a more thorough examination of the veteran's right knee to determine the current level of disability.

The Board denied service connection for a low back disorder and a right knee disorder as there is no evidence of an in-service injury or chronic disability, and the conditions first appeared many years after service.

The veteran's service-connected right knee disability is manifested by subjective complaints of pain, with objective demonstration of crepitus and limitation of right knee motion, without additional functional limitation due to pain, weakness, incoordination or fatigability, and no clinical evidence of instability, subluxation, or dislocation. The Board finds that the preponderance of the evidence is against an evaluation in excess of 10 percent for chondromalacia of the right patella.

The veteran's service-connected left and right knee disabilities were found to be manifested by subjective complaints of pain and instability, with clinical findings that did not warrant an initial evaluation in excess of 10 percent.

The appeal was dismissed due to the death of the appellant.

The appeal is remanded to the RO for additional development, including obtaining post-service medical records and scheduling a VA examination.

The Board denied the veteran's claims for service connection for bilateral hearing loss, bilateral tinnitus, and arthritis of both knees and ankles as there was no evidence to support a nexus between these conditions and his military service.

The veteran's service connection for PTSD was denied, while service connection for migraine headaches was granted. The rating and effective date were not specified for the other conditions.