Knee decisions — 2008

The Board denied the veteran's application to reopen his claim for service connection for chondromalacia of the left knee, finding that no new and material evidence had been submitted.

The veteran's claim for an automobile and adaptive equipment or for adaptive equipment only is being remanded due to the need for additional development, including obtaining private medical records and scheduling a VA examination.

The veteran's claims for increased ratings for his service-connected right knee instability, limitation of motion, cubital tunnel syndrome, and chondromalacia were denied. The RO found that the evidence did not support a grant of these increased ratings.

The Board has determined that the veteran's left knee disability warrants a 20 percent disability rating for the entire period under appeal.

The Board denied an increased rating for the veteran's right knee disability and service connection for a right ankle disability. The current evaluation of the right knee is 10 percent.

The Board has granted service connection for left knee, hip, and left shoulder disabilities due to undiagnosed illnesses incurred during active military service.

The Board denied the veteran's claims for higher initial ratings for his right knee disabilities, finding that the evidence did not meet the criteria for a higher rating based on limitation of motion.

The Board denied the claims for earlier effective dates for the 20 percent evaluations of right and left knee traumatic degenerative joint disease, finding that these evaluations were not factually ascertainable prior to April 22, 2004.

The VA has determined that the veteran's left knee injury does not warrant a rating higher than 20 percent.

The Board denied the veteran's request for a waiver of recovery of an overpayment of VA disability compensation benefits in the amount of $3,660. The decision found that the debt was valid and that recovery would not be against equity and good conscience.

The Board has determined that the veteran is not entitled to a compensable rating under either Diagnostic Code (DC) 5260 or DC 5261 for his left knee disability. However, he meets criteria for a separate evaluation of degenerative joint disease due to osteoarthritis as shown on X-ray examination. The case is remanded to the RO.

The Board denied the veteran's claims for service connection for left knee and low back disorders, as well as his claim for PTSD. The evidence submitted since the last denial was not considered new or material to reopen any of these claims.

The Board denied the veteran's claims for service connection for right knee and left ankle disabilities, finding no current diagnoses or evidence of such conditions. The dental claim was also denied as the veteran did not meet the requirements for VA outpatient dental treatment.

The veteran's chronic right knee sprain is rated at 20 percent, and his residual scarring of the right knee is also rated at 20 percent. Both conditions are considered direct service connection.

The Board found that the veteran's arthritis of the right knee was not incurred in or aggravated by his period of active service and denied his claim for service connection.

The veteran's right knee disability was rated at 20 percent prior to April 1, 2003 and at 40 percent effective June 1, 2003.

The Board determined that the veteran's right leg and knee disability was not incurred in or aggravated by service, as there is no evidence of a chronic condition present within one year post-service. The VA examiner found no link between the current disability and the in-service injury.

The veteran's service-connected residuals of frostbite did not cause or aggravate his current low back and bilateral knee disabilities. The Board denied both secondary service connection claims for these conditions.

The VA determined that the veteran's right knee condition was not caused or aggravated by her service-connected left knee disability, and thus denied her claim for service connection.