Knee decisions — 2008

The veteran's appeal is being remanded due to the need for additional development, including obtaining medical records and arranging for a VA examination.

The Board denied the veteran's claims for higher initial evaluations for his service-connected bilateral pes planus, degenerative disc disease of the lumbar spine, right knee strain, right ankle strain, and left ankle strain.

The Board of Veterans' Appeals has determined that the veteran's left knee disorder is not related to his active military service or his service-connected right knee disability, and therefore denied his claim for service connection.

The Board has determined that the veteran's right knee disability warrants a 40 percent rating effective April 10, 2006. The veteran does not have hearing loss disability.

The Board has granted service connection for degenerative joint disease of the lower back, left hip, and left knee as these conditions are related to an in-service fall from a truck.

The veteran's initial compensable rating for left quadriceps muscle injury, post-operative residual of a left anterior cruciate ligament reconstruction with medial meniscus tear, was granted. Separate ratings were assigned for degenerative osteoarthritis and instability of the left knee, both at 10 percent.

The Board has denied the veteran's claim for service connection for multiple joint pains in the knees, ankles, and right hip. The appeal is remanded due to inadequate examinations.

The Board has determined that new and material evidence has not been received to reopen the claims for service connection for a right knee condition and lumbosacral strain, which were previously denied in April 1985. As such, these claims remain denied.

The Board has granted an effective date of February 4, 2003 for the 10% rating for arthritis of the left knee. The claims for increased ratings for amputation of the right middle fingertip and residuals of tuft fractures of the right ring and little fingers are denied. The claim for increased rating for onychomycosis of the right middle finger is also denied.

The veteran's right and left knee retropatellar pain syndrome have been granted service connection, but no compensable ratings were assigned as the conditions do not meet the criteria for a compensable evaluation under VA rating criteria.

The Board has determined that the veteran's left knee disorder, claimed as degenerative joint disease, was not incurred or aggravated by service and is not related to a service-connected condition. As such, the claim for service connection is denied.

The Board has remanded the case for additional development due to failure to provide proper notice and consideration of a revised regulation.

The Board found that the veteran did not file a timely substantive appeal for the May 14, 2004, and March 9, 2005, rating decisions regarding his claims of service connection. As such, these decisions are considered final.

The Board denied the veteran's claims of service connection for a bilateral knee disability and an initial rating for adjustment disorder. The veteran's current bilateral knee disability is not related to his military service, as it was superimposed on prior gouty arthritis. For his adjustment disorder, the VA examiner found that the symptoms were controlled by continuous medication and did not result in occupational or social impairment.

The veteran's initial ratings for his right knee disability and related complications have been granted, with some adjustments in the assigned percentages based on the severity of his symptoms. The specific conditions include right knee instability, limitation of motion, and compartment syndrome affecting muscle groups XI and XII.

The Board has determined that the veteran's right knee arthritis and bilateral hip disorder are not proximately due to or aggravated by his service-connected bilateral pes planus with plantar fasciitis.

The Board found clear and unmistakable evidence that the veteran's preexisting left knee disability was not aggravated by service, thus denying his claim for service connection.

The Board has determined that the veteran's right and left hip disabilities are related to his service-connected right knee disability. The claim for an increased rating for residuals of a right knee injury is granted.

The Board has reopened the appellant's claims for service connection for a right shoulder disability and bilateral knee disability, but finds that additional VA medical opinions are needed to address whether these conditions were aggravated by service.

The Board has granted service connection for Osgood-Schlatter disease, right knee and depression as secondary to the veteran's other conditions. Service connection was denied for degenerative disc disease of the low back, bilateral hearing loss, and tinnitus.