Knee decisions — 2008

The Board has remanded the case due to insufficient evidence regarding whether the veteran's left knee disability is related to service, and if so, whether it was aggravated by service.

The Board denied the veteran's claims for service connection for a left shoulder disability and to reopen his claim for right knee disability. The decision found no evidence of any injury or chronic disability during service, nor at present.

The Board denied the veteran's claims for service connection for a lumbar back condition and a bilateral knee condition, finding that the evidence did not support his claim.

The veteran's claims for increased ratings and CUE were denied.,For the period prior to May 7, 1997, his left knee disability was rated at 30 percent.

The Board found that the veteran did not have a right knee disability during service and there is no evidence of continuity of symptomatology. The VA examiner concluded that the current right knee condition is not related to service.

The Board found that the veteran's current degenerative joint disease of the left knee was not incurred in service and denied his claim.

The veteran's claims for increased ratings for his service-connected right knee disabilities are being remanded to the RO for additional development, including obtaining medical records and scheduling a VA examination.

The Board granted the veteran's claim for a disability rating of 10 percent for his right knee injury residuals, other than degenerative joint disease. The board also granted a separate disability rating of 10 percent for his right knee degenerative joint disease. The veteran withdrew his appeal regarding reopening his claims for service connection for left hand injuries and bilateral hand conditions.

The veteran's claims for increased evaluations of right knee arthritis and instability were denied as the evidence did not meet the criteria for a higher evaluation.

The veteran's initial rating for degenerative joint disease of the right knee was granted at a 10 percent level, effective January 28, 2003. The appeal related to an issue of service connection for status post rhinoplasty which is addressed in the REMAND portion.

The Board has determined that the veteran's bilateral knee disability is not related to his service-connected left ankle and foot disabilities, and therefore denied the claim for secondary service connection.

The Board has determined that additional development is needed to fully and fairly consider the veteran's claims, including obtaining medical records and conducting examinations to assess his employability.

The Board has determined that the veteran's right and left knee conditions are not service-connected due to lack of evidence showing a link between his current disabilities and service. The compensable rating for residuals of left tibia fracture is also denied.

The Board found that the veteran's right knee defect existed prior to his entry into service and was not aggravated by service, thus denying service connection.

The Board found that the veteran's hypertension, dermatitis around the mouth, psoriasis of the arms and legs, and left knee disability were not caused by his active military service. The claims for these conditions were therefore denied.

The veteran's appeal is being remanded to obtain additional medical examinations and for further development of his claims.

The Board denied the veteran's claims for service connection for bilateral hearing loss and for an earlier effective date for additional compensation benefits on account of his spouse. The veteran's current hearing loss was not shown to be related to his military service, and the RO found that proof of dependency did not meet the one-year deadline.

The Board has remanded the case for additional development, including obtaining relevant records from SSA and VA medical centers.

The Board denied the veteran's claims for an extension of a temporary total disability evaluation and a higher rating for residual scarring, finding that neither condition warranted such benefits.

The Board has granted an initial rating of 10 percent for PTSD and a separate initial evaluation of 10 percent for the right knee disability under DC 5010. The veteran's service-connected conditions have been rated based on their direct impact without any presumption or secondary linkage.