Knee decisions — 2008

The veteran's chondromalacia of the left knee is not rated higher than 10 percent due to lack of more severe impairment.,A kidney disability was not found to be service-connected or secondary to a service-connected condition.

The Board has determined that the veteran's bilateral knee condition was not incurred in or aggravated by active military service.

The Board has granted an increased rating of 20 percent for the service-connected right shoulder disability and a separate rating of 10 percent for the service-connected left knee disability. The initial rating for the service-connected right knee disability remains at 10 percent.

The Board found that arthritis of the bilateral knees and a right leg stress fracture are not related to service, and denied these claims. The veteran's arthritis of feet, back, shoulders, elbows, and hands is also not related to service.

The Board denied increased disability ratings for the veteran's service-connected right knee arthroscopy, low back strain with degenerative changes, and left ankle arthritis.

The veteran has withdrawn his appeals regarding service connection for chronic left knee, ankle, and foot disorders as well as increased evaluations for right knee anterior cruciate ligament tear residuals, right knee arthritis, and low back disorder.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claims for service connection for various conditions, including left knee disorder, right eye condition, bilateral trench foot, headaches, depression secondary to a service-connected right thumb disability, right knee disorder, throat disorder, pes planus, and back disorder. The claims are therefore denied.

The Board has decided to remand the claims for hypertension, right knee disability, and bilateral ankle disability due to the need for additional development. The diabetes mellitus claim is still pending as the veteran has initiated an appeal.

The Board denied increased ratings for the service-connected degenerative joint disease of the right knee and instability of the right knee, finding no basis to grant higher evaluations based on current medical evidence.

The Board denied the veteran's claims of service connection for arthritis of the right arm, right hand, right knee, and left knee. The appeals were based on direct service connection.

The veteran's claims for service connection were granted, and effective dates of June 19, 2006 were assigned. The appeals for earlier effective dates are denied.

The Board denied the veteran's claims for increased disability ratings for his left ankle, left knee, and right hip disabilities. The left hip disability was rated as noncompensable.

The Board found that the veteran's left knee disability did not meet or approximate the criteria for a 30 percent rating prior to November 13, 2006. As such, an effective date prior to this date is denied.

The Board has denied the veteran's claims for service connection for left foot and left knee disorders, finding no evidence of a current disability or a link to military service.

The Board denied the appellant's claims for service connection for various conditions, finding that none of them were incurred or aggravated during his periods of active duty training (ACDUTRA) or inactive duty training (INACDUTRA). The appellant had a preexisting left knee disorder and was not shown to have any new injuries or diseases in ACDUTRA or INACDUTRA. He also did not meet the criteria for service connection due to his psychiatric condition, deep vein thrombosis of the left leg, or pseudofolliculitis barbae.

The Board has remanded the case to obtain additional records and clarify the veteran's service dates, as well as to attempt to obtain Federal Employee Compensation Act records. The claim for service connection for a bilateral knee disorder will be readjudicated following any further development.

The Board has determined that there is no current diagnosis of a bilateral knee disability and no evidence tending to relate a bilateral knee disability to service or to the service-connected bilateral foot disabilities. Therefore, service connection for a bilateral knee disability, to include as secondary to service-connected bilateral foot disabilities, is not warranted.

The Board denied the veteran's claims for service connection for bilateral carpal tunnel syndrome and increased ratings for his service-connected knee disabilities, finding that new evidence was needed to reopen the carpal tunnel syndrome claim.

The Board has remanded the case to the RO for additional development due to the veteran's failure to appear at a scheduled hearing. The veteran is requested to provide new evidence or arguments if he wishes to proceed with his appeal.

The Board denied the veteran's claims for a higher rating for her right knee condition and service connection for her left knee degenerative joint disease as secondary to her right knee disorder.