Knee decisions — 2008

The Board denied the veteran's increased evaluation claims for his right knee and left thumb disabilities, finding that the evidence did not support a higher rating based on limitation of motion or instability.

The Board denied the veteran's claims for increased evaluations for asthma, sinusitis, chondromalacia of the left knee, chronic low back pain, and acne with keloidal papules on scalp, earlobes and face. The conditions were evaluated as directly related to service.

The Board has granted service connection for right knee, right hip, and low back disabilities as secondary to the veteran's service-connected left knee disability.

The Board has denied the veteran's claims for service connection for a left knee disability, a left ankle disability, and bilateral hearing loss due to lack of evidence of current disabilities.

The Board found that the veteran's right knee, left hip, and low back disabilities are not related to service or a service-connected condition.

The Board has determined that the veteran's current DJD of the left knee is at least as likely as not related to his military service, specifically noting that the demands of his military activities may have contributed to the progression of his pre-existing knee condition.

The Board has determined that there is no evidence of a current right knee, left knee, or back disability incurred during service. The veteran's only service-connected condition is schizophrenia.

The veteran's claim for an increased rating for his service-connected degenerative joint disease/degenerative disc disease of the lumbar spine prior to April 20, 2006 was granted.,The veteran's claims for reopening his right and left knee disabilities were also granted.

The Board has denied the veteran's claims for service connection for a right elbow condition as secondary to his left knee condition and increased ratings for retro-patellar pain syndrome of both knees. The evidence does not support a finding that there is any medical relationship between the current right elbow condition and the service-connected left knee condition.

The veteran's appeal is being remanded due to the need for additional medical records from VAMC Newington, Connecticut. The RO will obtain these records and then review the case on the merits.

The Board found no evidence of a current knee disorder and denied the veteran's claim for service connection.

The Board has remanded the case for additional development, including obtaining in-service medical records and considering all additional evidence added to the record since the December 2006 supplemental statement of the case.

The veteran's claims for increased disability ratings for her service-connected right knee disabilities and for service connection for an upper back disability have been granted. Her claim of entitlement to a compensable initial rating for scarring of the breasts has also been granted, with a noncompensable evaluation effective May 25, 2005.

The Board has remanded the veteran's claims for service connection for bilateral knee and low back disabilities due to incomplete records, including a lack of service medical records from his active duty period. The AMC is instructed to obtain these records and any relevant post-service VA or private medical records.

The Board denied the veteran's claims for an increased rating for his left knee disability and service connection for fibromyalgia. The decision found that fibromyalgia was not incurred in or aggravated by service, may not be presumed to have been incurred in service, and is not proximately due to a service-connected disability.

The Board denied an initial rating in excess of 10 percent for right knee bursitis and instability associated with the right knee, finding that the current evaluations adequately reflect the severity of the veteran's disability.

The Board denied the veteran's claims for increased ratings for his right and left knee chondromalacia, finding that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board has determined that the veteran is not entitled to an increased rating for either his right or left knee disabilities, as there is no evidence of instability warranting a higher rating under DC 5257 and flexion/extension limitations do not meet criteria for higher ratings under DCs 5260 and 5261.

The veteran's right knee disability, which includes a fractured tibia and fibula with traumatic arthritis, was initially rated at 10 percent prior to February 8, 2007. The rating was increased to 30 percent as of that date.

The Board has determined that the veteran's claims for service connection for hypertension, heart disease, degenerative joint disease of the knees, hiatal hernia with reflux esophagitis, and sinusitis are not supported by competent medical evidence linking these conditions to his military service.