Knee decisions — 2008

The veteran is seeking compensation under the 38 U.S.C.A. § 1151 for a right above-the-knee amputation performed as a result of VA treatment, but his claim must be further developed due to outstanding private and VA records.

The Board of Veterans' Appeals has determined that the veteran's left knee disorder is not related to his military service and therefore denied his claim.

The Board has determined that the veteran does not have current diagnoses of left shoulder and right knee disorders, and there is no medical evidence linking these conditions to his military service. Therefore, the claims for service connection for residuals of a left shoulder injury and residuals of a right knee injury are denied.

The veteran's claims for an initial compensable disability rating for service-connected burns to the legs, and entitlement to service connection for shrapnel wounds to the legs, and for a left knee injury are being remanded due to additional development needed.

The Board has denied the veteran's claims for service connection for bilateral knee disability, sinusitis, and a skin disorder. The evidence did not support a finding of chronic disabilities related to service.

The Board found that the veteran's bilateral plantar fasciitis and bilateral knee disorder were not incurred in or aggravated by active military service, nor are they proximately due to or the result of his service-connected bilateral pes planus.

The Board denied the veteran's claims for service connection for various conditions, including tinnitus, knee and back arthritis, tinea pedis, and tinea cruris. The Board also found that his hyperlipidemia was not related to his military service, hepatitis C was not incurred in service, and PTSD was not shown to be linked to active duty.

The Board denied the veteran's claims for an initial disability rating in excess of 10 percent for residuals of a right knee injury and for separate ratings for right knee arthritis. The evidence did not support higher ratings under applicable diagnostic codes.

The VA denied the appellant's claim for an increased evaluation in excess of 10 percent for his left knee scarring, finding that there was no functional loss or other basis for a higher rating.

The Board found that the veteran's bilateral pes planus clearly and unmistakably preexisted service, was not aggravated by service, and his residuals of stress fractures of the left and right feet were not incurred in or aggravated by active military service. The knee and hip disorders were also not related to service, nor did arthritis manifest within a year of discharge. The low back disorder was also not related to service.

The Board found that the veteran's current left knee degenerative joint disease is not etiologically related to service and denied his claim for service connection.

The Board has denied the veteran's claims for an increased evaluation and service connection for degenerative joint disease of the left knee, finding that there is no evidence to support a link between his current left knee disability and his service-connected right knee disability.

The Board found no evidence of a current left knee disorder or low back disorder and denied the veteran's claims for service connection.

The Board found that the veteran's right hip fracture was not secondary to his service-connected left knee disabilities and denied all issues on appeal. The veteran withdrew his appeals for rating in excess of 10 percent for ligament laxity, left knee, and degenerative arthritis, left knee.

The veteran's combined disability rating is 30%, which does not meet the criteria for special monthly pension based on need for regular aid and assistance or housebound status.

The Board denied service connection for joint pain in the knees, legs, hips, hands, and shoulders (claimed as fibromyalgia) and assigned a noncompensable disability rating for GERD. The veteran's claim for an increased evaluation of GERD remains pending.

The Board has determined that the veteran's current left knee disability was caused by an injury during service, and therefore grants service connection for residuals of a left total knee replacement.

The Board denied an evaluation higher than the current 30 percent for asthma and did not grant a TDIU, finding that the veteran's service-connected conditions do not render him unable to secure or follow a substantially gainful occupation.

The Board denied the veteran's claims of entitlement to service connection for a right knee disability and an increased rating for his left knee disability.

The Board has determined that new and material evidence has not been received to reopen the claim of service connection for a left knee disability. The veteran does not have a low back disability or PTSD related to military service.