Knee decisions — 2008

The Board denied the veteran's claims for increased ratings and service connection, finding that his osteoarthritis of the left knee is no more than 10 percent disabling and his bilateral hearing loss disability does not warrant a higher rating. The issues regarding service connection were also denied as there was insufficient evidence to establish a direct relationship between any claimed conditions and service.

The veteran's claim for an increased rating for his service-connected post medial meniscectomy of the left knee is being remanded due to incomplete records and need for further examination.

The Board denied an increased rating for duodenal ulcer and denied reopening the claims for service connection for low back and bilateral knee disabilities due to failure of the veteran to report for a VA examination.

The case is being remanded due to the submission of additional evidence. The veteran's claims for PTSD and a right knee disability will be reviewed again based on this new information.

The Board found no current diagnosis of a bilateral knee disorder and denied the veteran's claim for service connection. The skin disorder issue is pending as remanded.

The VA denied an increased rating for the veteran's right knee degenerative joint disease, as his disability is currently rated at 20 percent and there is no evidence of limitation of motion or instability that would warrant a higher rating.

The Board found that the veteran did not have a current right knee disability and there was no evidence of arthritis in service. Therefore, the claim for service connection for a right knee disability is denied.

The veteran's initial claim for higher ratings for his right shoulder, right knee, left knee, left ankle, and hypertension disabilities was granted. The RO assigned a 20 percent rating for the right shoulder prior to August 22, 2007, and increased it to 30 percent effective that date. Ratings of 10 percent were assigned for his right knee, left knee, and left ankle disabilities since August 9, 2007.

The Board found that the veteran's current left knee disorder was not incurred in or aggravated by her active service, ACDUTRA, or INACDUTRA. The Board also determined that there is no evidence to support a finding of secondary service connection based on her service-connected right knee disability.

The veteran's claim for increased ratings for his service-connected residuals of a shell fragment wound of the right knee and bilateral hearing loss was granted. The rating for the right knee is set at 10 percent, with a separate compensable rating for damage to muscle group XI (right peroneal nerve). The rating for bilateral hearing loss remains unchanged.

The Board has determined that the veteran's current right knee disability, including arthritis and Osgood-Schlatter's disease, is related to his in-service injury. As a result, service connection for this condition is granted.

The Board has granted service connection for arthritis of the bilateral knees, but denied service connection for arthritis of the bilateral hands.

The Board denied service connection for a knee disability, diarrhea, headaches other than CFS, and memory loss other than CFS. The veteran's claims were not based on exposure to any specific environment or presumption.

The Board found that arthritis of the left knee was not incurred in or aggravated by service and denied the veteran's claim for service connection.

The Board has ordered additional development to determine the nature and etiology of any current bilateral knee disability, including whether it is at least as likely as not that any such disability had its origin during military service. The veteran must provide a detailed list of all sources of treatment for his knees prior to service and since service, and VA will attempt to obtain these records.

The Board denied service connection for degenerative joint disease of the cervical spine, right knee, right hip and lumbar spine as these conditions are not shown to be related to service. The claim for an initial rating in excess of 20 percent for hives/angioedema was also denied.

The Board denied the veteran's claims for service connection for COPD, shell fragment wounds to his right knee and head, and residuals from those injuries. The Board also found that new and material evidence had not been submitted to reopen a claim for atrophied testicles with erectile dysfunction.

The Board has granted service connection for bronchitis and increased the rating for biceps tendonitis of the right shoulder to 30 percent, effective December 4, 2007. The veteran's claims for other conditions are pending.

The Board denied the veteran's claims for an initial evaluation in excess of 10 percent for a right knee scar and service connection for a left knee disorder, finding that the evidence did not support these claims. The decision is pending further action.

The Board granted service connection for the veteran's conditions and assigned initial evaluations. The right shoulder scars, left ring finger fracture, and bilateral knee osteoarthritis were all granted with a 10% evaluation.