Knee decisions — 2008

The Board has determined that the veteran's service-connected conditions did not meet the criteria for a total disability evaluation based on individual unemployability prior to March 12, 2002. As such, an earlier effective date is denied.

The veteran's claims for increased ratings for residuals of left knee meniscectomies and post-surgical scars of the left knee are being remanded for further development.

The Board denied the veteran's claims for increased ratings for his bilateral ankle disabilities and service connection for a right knee condition. The veteran's right ankle conditions are currently rated at 10 percent, while his left ankle disability is also rated at 10 percent. Service connection for a right knee condition was not established.

The Board denied the veteran's claims for service connection for osteoarthritis of multiple joints, finding that there was no evidence to support a secondary relationship between his service-connected low back disorder and these conditions. The effective date claim was also denied as the veteran did not provide new and material evidence.

The Board has remanded the case due to missing service medical records and a need for an examination to determine if the veteran's current left knee disability is related to his military service.

The VA denied ratings in excess of 20 percent for the veteran's lumbar spine disability and denied ratings in excess of 10 percent for his left and right knee disabilities. The lumbar spine disability is currently rated at 20 percent, while the left and right knee disabilities are both rated at 10 percent.

The Board has determined that additional development is needed to address the veteran's claims for service connection for left hip and knee arthritis, as well as his request to reopen a claim of service connection for a chronic back disability. The case will be returned to the Board after further review.

The Board has determined that the veteran's current right knee strain, left knee condition, and shin splints were not incurred in or aggravated by service. The claims are denied.

The Board has determined that the veteran's current bilateral knee disorder is not related to his service and cannot be presumed to have been incurred therein. The claim for service connection is therefore denied.

The Board has granted increased ratings of 20 percent for left knee instability and 10 percent for right knee instability, effective from the date of the decision.

The veteran has withdrawn all issues on appeal before the Board.

The Board has determined that the veteran does not have current diagnoses of a depressive disorder, anxiety disorder, back disorder, right knee disorder, left knee disorder, right ankle disorder, or left ankle disorder. The evidence does not support service connection for any of these conditions.

The Board has denied the veteran's claims for service connection for cervical spine disability, right elbow disability, bilateral hearing loss, tinnitus, and right knee disability. The effective dates requested by the veteran have not been granted.

The Board denied the veteran's claims for service connection for bilateral knee disability, neck disability, back disability, depression (claimed with extreme nightmares related to a car accident), and refractive error (blurred vision). The reasons include lack of evidence linking these conditions to service or any other compensable basis.

The veteran's claim for an increased rating for his service-connected right knee disability is being remanded due to the need for a new VA examination.

The Board found that the veteran's current right knee condition, diagnosed as post-traumatic osteoarthritis, is not related to his military service and denied his claim for service connection.

The Board has determined that the veteran does not have a current diagnosis of residuals of a broken nose, right ankle disorder, or right knee disorder. The Board also found no evidence linking the veteran's current lumbar spine condition to service.,Service connection for residuals of a broken nose, right ankle disorder, and right knee disorder is denied as there is no medical evidence showing these conditions were incurred in or aggravated by service.

The veteran's service-connected hip and knee conditions have not met the criteria for an initial evaluation in excess of 10 percent, as they do not demonstrate limitation of motion or other disabling symptoms warranting a higher rating.

The Board has denied the veteran's claim of service connection for bilateral hearing loss. The RO also granted service connection for degenerative joint disease of the right and left knees, but later severed this service connection due to a finding of clear and unmistakable error in the April 2005 rating decision.

The VA determined that the veteran's left knee disability, which includes degenerative joint disease and surgical scarring, warrants a 20 percent evaluation. The condition is currently manifested by symptoms such as pain, grinding, weakness, and occasional swelling.