Knee decisions — 2008

The Board granted service connection for the veteran's left knee disability, GERD with hiatal hernia, and chronic open angle glaucoma. The initial evaluations assigned were 10 percent each.

The Board has determined that the veteran's DJD in his knees and feet is as likely as not due to his military service, granting service connection for all four conditions.

The veteran's death was not caused by a service-connected disability. The veteran did not meet the criteria for DIC under 38 U.S.C.A. § 1318 as he had no continuous total rating for ten years prior to his death.

The Board denied the veteran's claims for increased evaluations for his left knee and lower extremity disabilities, finding that the evidence did not support ratings in excess of 10 percent.

The Board denied the veteran's claims for a higher rating for his service-connected traumatic arthritis of the left knee and TDIU, finding that the current 10 percent rating adequately reflects the severity of his disability.

The veteran's service-connected pseudofolliculitis barbae, bilateral hearing loss, acquired psychiatric disorder, left patellofemoral syndrome, arthritis of both feet, and arthritis of the left knee are all granted. The rating for pseudofolliculitis barbae is increased to 10 percent.

The Board has denied the veteran's claims for service connection for right axilla lipoma (claimed as liposarcoma) and PTSD, and denied his increased rating claim for Type II diabetes mellitus. The evaluation of hypertensive vascular disease from March 5, 2003, Osgood-Schlatter's disease of the right knee from March 5, 2004, and Osgood-Schlatter's disease of the left knee from March 5, 2004, have also been denied. The veteran's daughter has not been recognized as a helpless child.

The veteran's need for regular aid and attendance due to his severe degenerative joint disease of the knees, morbid obesity, hypertension, and prostate cancer has been granted. The veteran is also entitled to special monthly pension by reason of being housebound as he requires assistance in exiting and entering his dwelling or moving within it.

The Board found that the veteran's right knee disability existed prior to his first period of service and was not aggravated by service. As a result, the claim for service connection is denied.

The Board has determined that the veteran's right thumb and right knee disabilities do not warrant evaluations in excess of their current ratings.

The Board has remanded the case for scheduling a Travel Board hearing and ensuring that the veteran's representative request is addressed. The issues of whether new and material evidence was submitted to reopen the claim for bilateral hallux valgus with hammertoe deformities of the lesser digits, claimed as a left foot condition, and entitlement to service connection for a right knee disability are pending.

The Board granted service connection for a bilateral knee disorder and denied an increased rating for bilateral heel spurs/arch collapse, effective May 1, 2004.

The Board has determined that the veteran's left knee disorder is related to service, and his eye disorder was not incurred in or aggravated by service. Service connection for a left knee disorder is granted, but service connection for an eye disorder is denied.

The Board denied service connection for coronary artery disease and degenerative joint disease of the right knee and hips, finding that the veteran's conditions were not incurred or aggravated by his military service.

The Board has determined that the veteran does not have established bilateral hearing loss, and thus service connection for this condition is denied. The claims of entitlement to service connection for tinnitus, right eye injury residuals, right knee injury, and damage to chest wall muscle are pending as additional evidence may be submitted.

The Board found that the veteran's left knee condition did not meet or approximate the criteria for a higher disability rating, and thus denied his claim for an increased rating.

The VA denied the veteran's claims for increased ratings for his service-connected right and left knee chondromalacia, finding that the evidence did not support a rating in excess of 10 percent for either knee condition.

The Board has determined that additional development is needed to determine if the veteran was exposed to stressors in service and to obtain his missing service medical records. The appeal will be remanded for these purposes.

The Board has determined that the veteran does not have a right knee condition that was caused or aggravated by his service, or as the result of a service-connected condition.

The Board has determined that the veteran does not meet the criteria for service connection for bilateral hearing loss, multiple joint arthritis in additional joints, or a chronic skin disorder. Service connection was denied as no new evidence was provided to reopen these claims.