Knee decisions — 2008

The Board denied service connection for right and left knee disorders, to include as secondary to residuals of the lumbar puncture with nerve root damage at L5 and S1.

The veteran's service-connected right knee disabilities have been rated based on the severity of his symptoms, including pain and limited motion. The initial rating for residuals of a right knee medial meniscectomy is 20 percent, effective July 15, 2002. For degenerative joint disease of the right knee (medial compartment), a 30 percent rating has been assigned since November 3, 2006.

The Board has ordered additional development due to the veteran's failure to report for VA examinations, and further clarification is needed regarding the etiology of his cervical spine disorder, right eye disorder, left leg disorder, and service-connected disabilities.

The Board has determined that there is no evidence to support a finding that the veteran's current left knee disorder, including degenerative joint disease, was caused by his service. As such, the claim for service connection for this condition is denied.

The veteran's appeal is being remanded due to the need for additional records from the Social Security Administration (SSA). The SSA has provided some documents, but further information regarding a potential reevaluation in July 2007 must be obtained.

The Board has remanded the case due to incomplete records and potential service connection issues.

The Board has granted service connection for Hepatitis C, finding that the veteran was exposed to bodily fluids while serving as a medic and thus at risk for contracting hepatitis C. The left shoulder and bilateral knee disabilities are denied as there is no evidence linking these conditions to service.,There is no direct evidence of a link between the veteran's parachute jumps during active duty and his current shoulder or knee disabilities.

The Board has determined that the veteran does not meet the criteria for service connection for any of the conditions listed in her claims. The appeals are denied.

The Board has determined that additional development is needed before the claims can be fully adjudicated. This includes obtaining updated medical records, providing proper notice to the veteran regarding his service connection and increased rating claims, scheduling examinations for the right knee, low back, and left knee disabilities, and ensuring all relevant evidence is considered.

The Board found that the veteran does not have a current disability of hearing loss as defined by VA regulations. For his knee and hand conditions, the evidence did not meet the criteria for higher ratings under the applicable diagnostic codes. The adjustment disorder with depression and anxiety was also not rated at a higher level.

The veteran's appeal is being remanded for clarification of representation, additional evidence collection, and a gynecological examination.

The veteran's claims for service connection of PTSD, paranoid schizophrenia, and degenerative joint disease of both knees are being remanded to allow for additional development.

The Board has denied the veteran's claims for service connection for tinnitus, a lower back disability, right knee disorder, left knee disorder, and hiatal hernia. The appeals are REMANDED to the RO.

The veteran's claims for increased ratings and service connection were denied. The intervertebral disc syndrome of the lumbosacral spine was rated at 40 percent, while the residuals of a right knee injury, status post arthroscopic surgery, were rated at 10 percent. Service connection for the rotator cuff tear of the right shoulder was also denied.

The veteran's patellofemoral pain syndrome of both knees does not meet the criteria for an evaluation in excess of 10 percent.

The Board has granted service connection for the left knee disability and assigned a 10 percent evaluation effective from October 18, 2006. The appellant's claims of secondary service connection for right knee disorder, right ankle disorder, left ankle disorder, and foot disorder are denied.

The Board has determined that the appellant did not timely file a substantive appeal regarding her claims of service connection for a left knee disorder and an evaluation in excess of 10 percent for a left index finger, resulting in their dismissal.

The Board denied the veteran's claims for service connection for a bone spur along the patellofemoral joint of the right knee and entitlement to total disability rating based on individual unemployability.

The Board has remanded both issues for additional development, including a VA examination to determine the nature and etiology of the veteran's right knee disability and whether it is related to service or aggravated by his hallux valgus. The back issue was also addressed but not fully resolved.

The Board denied the veteran's claims for a separate evaluation for right thigh muscle atrophy and service connection for a right knee disorder, which he claimed was secondary to his service-connected meralgia paresthetica. The Board found that there was no competent evidence linking the right knee disorder to his service-connected condition.