Knee decisions — 2008

The Board has determined that the veteran's claimed knee, ankle, and shoulder disabilities, as well as his body cramps, are not related to service or service-connected conditions. The claims for service connection have been denied.

The Board found that the veteran's current bilateral knee disability was not incurred in or aggravated by active service and denied his claim for service connection.

The Board has granted service connection for left and right knee disabilities (arthritis) and sleep apnea, finding that all three Hickson elements are met.

The Board has remanded the case for further development and consideration of the veteran's claims, including entitlement to a total disability evaluation based on individual unemployability (TDIU), an extraschedular evaluation for his left knee disability, and separate ratings under Diagnostic Codes 5260 and 5261.

The Board granted separate 10 percent ratings for degenerative joint disease in each knee, but denied the veteran's claims for increased disability ratings for left and right knee instability.

The Board has denied the veteran's claims of service connection for hearing loss and a left knee condition, finding that there is no evidence to support these claims. The claim for service connection for seizures was also denied as new and material evidence had not been received.

The Board has determined that the veteran's pre-existing left knee disorder did not increase in severity during service and was not aggravated by service. Therefore, the claim for service connection is denied.

The Board has determined that the veteran did not meet the criteria for service connection for PTSD, bilateral hearing loss disability, bilateral leg disability, bilateral knee disability, or urethritis as they are not shown to be related to his military service.

The Board denied the veteran's claims for earlier effective dates in several areas, including non-service-connected pension, service connection for a cervical spine disability, and entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU).

The veteran's claims for service connection and higher evaluations are being remanded due to the need for additional examinations and records.

The veteran's PTSD is rated at 30 percent. The claims for low back disability, left knee disability, skin disability, and hypothyroidism are all granted based on direct service connection.

The Board finds that the veteran's skin rash with cysts did not manifest during service or within one year of separation, and there is no evidence linking it to his active duty. The claim for service connection for a bowel disorder (including irritable bowel syndrome and Crohn's disease) has been referred back to the RO due to lack of available VA treatment records from 1992-1993.

The veteran's employment as a Director in Instructional Programs has been deemed sufficient to meet his rehabilitation goals, and he is therefore considered rehabilitated.

The Board has determined that the veteran's right knee disorder, manifested by degenerative changes with full range of motion, warrants a 10 percent evaluation under Diagnostic Code 5260-5010. An initial evaluation in excess of 10 percent is not warranted.

The veteran's left knee disability is currently rated at 20 percent, and the Board has ordered a remand to determine if this rating adequately reflects his current condition.

The veteran requested to withdraw their appeal, and the Board has dismissed it.

The Board found no evidence to support the veteran's claims of service connection for bilateral knee, hip, and leg disabilities. The effective date for a total disability evaluation based on individual unemployability due to service-connected disorders was denied as it did not meet the schedular criteria prior to August 10, 2000.

The Board denied the veteran's claims of service connection for brachial plexitis, left knee disability, and residuals of a left eye injury as secondary to his service-connected degenerative joint disease of the cervical spine.

The veteran's condition has worsened, and he needs an additional VA examination to determine if he qualifies for special monthly compensation based on aid and attendance or housebound status.

The veteran's right knee disorder was rated at 20% prior to January 9, 2008 and increased to 30% from that date.