Knee decisions — 2008

The Board denied the veteran's claims for service connection for a skin rash on his chest and for residuals of a status post right knee arthropathy, finding no current diagnosis of either condition and noting that there was clear and unmistakable evidence that any pre-existing right knee injury did not worsen during service.

The Board has remanded the case for further development, including a VA examination to determine if the veteran has a current left knee disability and whether it is related to service.

The veteran's claims for increased ratings for his knees were denied. The RO found that the veteran did not meet the criteria for higher ratings based on limitation of flexion or extension before February 21, 2006 and from that date onwards.

The veteran's left knee disability is currently rated at 10 percent, and his ruptured sigmoid diverticulitis is also rated at 10 percent. Both conditions are not entitled to a higher rating based on the evidence provided.

The Board denied the veteran's claims for service connection for PTSD, right and left shoulder disabilities, right and left knee disabilities as secondary to shoulder and back conditions, and a back disability as secondary to a shoulder condition due to lack of evidence of current disabilities or in-service events/injuries related to these conditions.

The veteran's headaches are rated at 10 percent, her allergic rhinitis does not meet the criteria for a compensable rating, and her left knee condition is service-connected.

The Board has denied the veteran's claims for service connection for hypertension, diabetes mellitus (claimed as secondary to exposure to Agent Orange), right knee disability, and loss of the left eye. The evidence did not establish a link between these conditions and military service.

The RO denied the veteran's claims of service connection for various conditions, including knee disorder, acid reflux disease (GERD), low back disorder, hip disorder, testicular pain, ankle disorder, legs/thigh disorder, bronchitis, recurring hives with sweating, and sinusitis. The veteran did not provide a specific NOD regarding these denied issues.

The Board has dismissed the veteran's appeals regarding entitlement to an initial evaluation in excess of 10 percent for a service-connected right knee disorder and seizure disorder due to his withdrawal. The claims for fibromyalgia, neck disorder, and low back disorder have been denied as there is no medical evidence showing these conditions are related to military service.

The veteran's appeal involves multiple issues including service connection for various conditions, a disability evaluation for migraine headaches, and a compensable evaluation for allergic rhinitis with sinusitis. The decision is mixed as some claims are granted while others are denied.

The Board has determined that the veteran's right and left knee disabilities were not incurred or aggravated during active duty, ACDUTRA, or service-connected disability. The evidence does not support a finding of nexus between these conditions and any of those factors.

The veteran's service-connected osteoarthritis of the right knee is granted, with a temporary total rating due to surgery and a separate rating for removal of semilunar cartilage. The claimant also receives an increased rating for his right knee prior to December 4, 2006.

The veteran's appeal is being remanded for additional development of his VA outpatient treatment records, including physical therapy records. The issue on appeal will be readjudicated after the development.

The Board has determined that the veteran's service-connected right total knee replacement is currently rated at 30 percent, effective from April 1, 2002. The evidence does not support a higher initial rating prior to May 14, 2007.

The veteran's initial ratings for his service-connected knee disabilities prior to April 2005 were denied. The RO found that the evidence did not meet the criteria for a higher rating under applicable diagnostic codes.

The Board has denied service connection for right and left knee disabilities, as well as asthma. The evidence does not support a link between any current knee or asthma disability and active service.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination.

The Board has remanded the veteran's claims for service connection due to incomplete records and need for further examination. The claims will be reconsidered after all necessary information is obtained.

The Board has denied the veteran's claims for increased ratings for his knee, shin, and foot disabilities. The evidence does not support a finding of service connection for these conditions.

The veteran's daughter, who is over the age of 23 and has not presented evidence that demonstrates she became incapable of self-support before reaching the age of 18, does not have legal entitlement to dependency and indemnity compensation benefits.