Knee decisions — 2008

The Board denied service connection for a bilateral knee disability and a bilateral foot disability, finding no evidence of current disabilities or in-service incurrence.

The veteran's claims for increased ratings and service connection were denied. The temporary total disability rating claim was also denied.

The Board denied service connection for tremors of the hands and right knee injury, finding no evidence of such conditions during or immediately after service.,The veteran's claims to reopen his previously denied psychiatric and left knee disability claims were also denied.

The veteran's claims for increased evaluations and service connection were denied. The Board found no evidence of a skin disorder due to herbicide exposure, or significant impairment in the joints and gastrointestinal system that would warrant higher ratings.

The Board denied the veteran's claims for higher initial evaluations and separate compensable ratings for her knee disabilities, finding that the evidence did not support a rating higher than 10 percent for either knee.

The veteran's claims for higher initial evaluations for his myocardial infarction and left knee patella dislocation are being remanded to the RO/AMC for additional development of medical records.

The Board denied the veteran's claims for service connection for a bilateral knee disorder and an increased rating for PTSD with psychophysiological gastrointestinal reaction. The denial of the bilateral knee disorder claim was based on the absence of evidence linking current symptoms to active service, while the PTSD claim was denied as there is no indication that current symptoms are related to service.

The Board has granted service connection for a right knee disability and assigned a 10 percent disability rating, effective February 25, 2004. The veteran's claim for a respiratory disorder due to asbestos exposure is also granted.

The veteran's nonservice-connected disabilities do not meet the criteria for special monthly pension by reason of being housebound or needing regular aid and attendance.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of his service-connected knee and shoulder disabilities.

The Board has granted the veteran's petition to reopen his service connection claim for a right knee disability and found that new evidence supports this reopening. However, the claim of establishing service connection for the right knee disability remains denied as there is no medical evidence linking it to active duty service or any other condition.

The Board has determined that new and material evidence has not been submitted to reopen the claims of entitlement to service connection for hypertension, bilateral knee disability, left hip trochanteric bursitis, bilateral heel spurs, PTSD, diabetes mellitus, Type II, or sleep apnea. As a result, these claims remain denied.

The Board has granted service connection for the veteran's right knee, left knee, right ankle, left ankle, right hip, and left hip disabilities. The initial ratings assigned are 10 percent each.

The Board has determined that the veteran's right knee disability, specifically recurrent subluxation or lateral instability, warrants a 30% rating effective December 5, 2004. The limitation of motion issue does not meet the criteria for an increased rating.

The veteran's appeal is being remanded due to the need for a hearing before the Board of Veterans' Appeals.

The Board denied the veteran's claims for service connection for various conditions, including right ear tinnitus and malaria. The claims for shrapnel injuries to the left arm and right knee were not reopened due to lack of new and material evidence. The claim for right ear damage and hearing loss was also denied.

The Board has determined that new and material evidence was not submitted to reopen the veteran's previously denied claim of entitlement to service connection for right knee disability. The Board also found no relationship between the veteran's current right or left knee disabilities and his military service.

The VA is required to provide the appellant with proper notice regarding her DIC claim, including information about any previously service-connected conditions and what evidence she needs to submit. The case will be remanded for this purpose.

The Board has determined that the veteran's peripheral vascular disease is secondary to his service-connected diabetes mellitus, and thus grants service connection for this condition.

The veteran's claim for an increased rating for bilateral hearing loss was accepted as received on August 13, 2004. The RO granted a 60% evaluation effective March 31, 2003 and later increased the rating to 80% effective October 26, 2005. The veteran's claim for an earlier effective date for bilateral hearing loss was denied as it is not factually ascertainable that his hearing loss increased in severity during the year prior to August 13, 2004.