Knee decisions — 2008

The Board has determined that the veteran's pre-existing bilateral pes planus was aggravated by service, and his low back strain with degenerative disc disease of the lumbar spine and chronic left knee strain with osteoarthritis were incurred in service.,Service connection is granted for all three conditions.

The Board denied the veteran's claims for an earlier effective date and a higher initial disability rating for his service-connected left knee disorder, finding that the evidence did not support such ratings.

The Board found no evidence of a chronic bilateral knee disability, and denied service connection for multiple chemical sensitivity, gastrointestinal disorder, chest pain and shortness of breath, and sinus disability. The veteran's complaints were not linked to his service.

The Board found that the veteran's left knee disability did not originate in service or within one year thereafter, and it is not related to any incident of service. The residuals of a right knee injury are currently evaluated as 10 percent disabling.

The Board has granted service connection for a low back disorder and a left knee disorder, attributing these conditions to the veteran's active military service. The decision also notes that there is no evidence of bilateral scalenus anticus syndrome.

The Board denied the veteran's claims for service connection for an acquired psychiatric disorder other than PTSD, a gastrointestinal disorder, and a right knee disability. The claim for increased rating of lumbar spine disability was also denied.

The Board has determined that the veteran does not meet the criteria for financial assistance for an automobile or adaptive equipment, nor for specially adapted housing or a special home adaptation grant due to lack of service-connected disabilities meeting the eligibility requirements.

The Board has determined that additional development is needed for the veteran's claims, including VA examinations and a supplemental statement of the case if necessary.

The Board has determined that new and material evidence sufficient to reopen the appellant's claims of service connection for a back disorder, PTSD with depression, and a bilateral knee condition was not submitted. The decision is mixed as some issues were granted while others were denied.

The veteran's request to reopen his previously denied claim for service connection of hypertension was granted. He is also awarded an increased disability rating of 10% for chronic low back strain and a 20% disability rating for residuals of a right shoulder injury, effective from the date of the decision.

The Board found that the veteran's current right knee disorder was not caused by his active military service, including an accident in 1981 while on ACDUTRA. Instead, it is more likely due to a fall during a seizure in 1997.

The Board has remanded the case for further development, including a VA examination and issuance of a supplemental statement of the case.

The Board has determined that the current evaluations for the veteran's right and left knee disabilities do not meet the criteria for an increased evaluation.

The Board has granted service connection for pes planus deformity of the right foot, finding that it is related to a pre-existing injury in service.,Service connection was denied for early degenerative joint disease of the knees as secondary to a service-connected condition.

The Board has determined that the veteran's claim of service connection for a right knee disability requires additional development and is therefore being remanded to the RO.

The Board denied the veteran's claims for increased ratings and service connection, finding that his right knee conditions did not warrant higher ratings or service connection based on the evidence of record.

The veteran's claims for higher initial ratings for his right and left knee disabilities were denied as there is no evidence of recurrent subluxation or lateral instability, and the arthritis in both knees is mild. The current disability rating remains at 10 percent.

The veteran's claim for an increased rating for his service-connected left knee condition is being remanded due to inadequate VCAA notice.

The Board has denied the veteran's claims for increased ratings for her service-connected low back and cervical spine disabilities, as well as her claims for service connection for right shoulder, left shoulder, right knee, left knee, shin splints of the right lower extremity, and shin splints of the left lower extremity. The evidence does not support a current diagnosis or relationship to service.

The Board has determined that the veteran's back and left knee disabilities are not caused by his service-connected right knee disability.