Knee decisions — 2008

The veteran's tinnitus is rated at the maximum allowed, and he meets the criteria for TDIU due to his service-connected disabilities preventing him from securing or following any substantially gainful occupation.

The Board has decided to remand the case for further action, including scheduling a hearing before a Veterans Law Judge at the RO.

The Board has denied the veteran's claims for service connection for a right foot disability and a left knee disability, finding that there is no evidence of an in-service injury or disease related to these conditions. The Board also found that any current disabilities are not proximately due to his service-connected chronic low back strain.

The Board has determined that additional development is needed to determine if the veteran's service-connected disabilities, singly or in combination with any side effects from medications for these disabilities, render him unable to maintain or secure substantially gainful employment.

The Board denied the veteran's claims for service connection for a right wrist disability and low back disability, as well as his claim to reopen a claim for service connection for a left ankle disability. The evidence submitted since the July 1971 decision did not raise a reasonable possibility of substantiating these claims.

The Board has granted service connection for carpal tunnel syndrome of the right and left upper extremities, but denied entitlement to higher initial disability ratings. The veteran's Osgood Schlatter's disease with tibial tuberosity of the left knee is rated as 10 percent disabling.

The Board has determined that the veteran's service connection claims for bilateral hearing loss and knee disability are granted.

The Board denied service connection for Meniere's disease, neck disorder, left knee disorder, left hip disorder, and low back disorder. The veteran's psychiatric disorder was found to be aggravated by his service-connected bilateral plantar fasciitis.

The veteran was granted service connection for PTSD, but denied service connection for bilateral hearing loss and multiple other disabilities due to shell fragment wounds in service. The Board found that the evidence supported a diagnosis of PTSD based on verified combat stressors, but did not find sufficient evidence to support current diagnoses or etiology for the other conditions.

The veteran's claims for increased evaluation of tinnitus and reopening of service connection claims for low back pain, right knee disability, and left knee disability were denied. The Board found no legal basis for the assignment of a schedular evaluation in excess of 10 percent for bilateral tinnitus and that new and material evidence was not submitted to reopen the claims for low back pain and right knee disabilities.

The veteran's left knee patellofemoral pain syndrome and right knee tendonitis are currently rated as 10 percent disabling under Diagnostic Code 5003 for degenerative arthritis. The veteran does not meet the criteria for a higher rating based on limitation of motion.,Both knees have early degenerative changes, but do not demonstrate ankylosis, laxity or impairment to the tibia or fibula.

The Board has reopened the veteran's claim of service connection for residuals of a right knee injury due to new and material evidence provided since the last final denial. The RO is now required to adjudicate the merits of the claim, including scheduling a VA examination.

The Board has reopened the veteran's service connection claim for a bilateral knee disability and granted service connection for erectile dysfunction as secondary to his service-connected diabetes mellitus. The case is remanded for further development, including a VA examination of the knees.

The Board denied service connection for right and left knee disabilities, as well as PTSD. The veteran's claims were not substantiated by the evidence of record.

The Board denied the veteran's claims for increased ratings for his left knee conditions and hearing loss of the right ear. The veteran was not granted a higher rating for his residual scarring or shrapnel wound residuals, as there was no evidence showing deep scars or limited motion exceeding 12 square inches. His claim for service connection for hearing loss of the right ear was denied due to lack of current evidence and because he had already been denied service connection for this condition in a prior decision.

The veteran's appeal is being remanded to the RO for further evaluation of his service-connected knee disabilities due to lack of recent medical evidence.

The Board has determined that the veteran's claimed bilateral foot and knee disabilities are not related to his military service, and thus denied all four of his claims for service connection.

The Board has granted service connection for osteoarthritis of the right and left knees, but denied service connection for bilateral hearing loss disability as it was not incurred or aggravated during active service.

The Board found no competent medical evidence establishing a nexus between the veteran's right knee disability and his military service.

The veteran's appeals for increased ratings for his duodenal ulcer and right knee disability are being remanded due to the need for additional development, including new examinations.