Knee Board decisions

The Veteran's claims for increased evaluations for his right shoulder and right knee disabilities were denied as the evidence did not support a higher evaluation under the applicable rating criteria.

The Veteran's skin condition, bilateral knee pain, multiple joint pain, sleep apnea and chronic fatigue syndrome are all found to be related to his military service.

The Board found that the Veteran's left knee hyperflexion injury and patellar tendon rupture were not caused by VA treatment, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The Veteran is seeking a higher rating for his service-connected right knee disability, and also wishes to have the reduction from a 30 percent evaluation to a 20 percent rating reinstated. The Board has determined that additional development is needed before this case can be properly adjudicated.

The Veteran's appeal is remanded for additional development, including obtaining updated VA treatment records and scheduling a VA examination to assess the severity of his left knee disability. Additionally, an addendum opinion must be obtained regarding whether his right knee disorder is related to service or his service-connected left knee disability, as well as if the left knee disability aggravates his right knee disorder.

The Board found that the Veteran's substantive appeal for increased ratings for hypertension and bilateral knee disabilities was not timely filed, thus denying his claim.

The Veteran's right knee replacement has been rated at 30 percent since December 1, 2006. The Board finds that the evidence supports a 60 percent evaluation for residuals of total right knee replacement from December 1, 2006.

The Veteran's claims for service connection for right eye and right knee disabilities have been denied as there is no competent medical evidence establishing a current disability related to service.

The Board denied the Veteran's claims for service connection for gout, bilateral ankle condition, and bilateral knee condition as secondary to gout due to lack of evidence showing a nexus between these conditions and his active service.

The Board denied service connection for left hand, bilateral knee, and bilateral hearing disabilities due to a lack of evidence linking these conditions to the Veteran's active duty service.

The Veteran's low back disorder is found to be secondary to his right femur disability. The higher rating claim for the right femur disability was denied.

The Veteran's claim for an increased rating for DDD of the lumbosacral spine was denied, and his claim for an earlier effective date for service connection remains pending.

The Board has determined that the Veteran's arthritis of the back, shoulders, hands, and knees is not related to service.

The Veteran's service-connected disabilities do not render him unemployable, as he is capable of working in a sedentary employment.

The Board has determined that the Veteran's claimed upper respiratory disorder, arthritis of the right arm and knees, and residuals of a left foot injury are not related to service. The preponderance of evidence does not support these claims.

The Veteran's claims for higher ratings for tinea versicolor, left knee disorder, right elbow disorder, and left elbow disorder have been denied as a matter of law due to his failure to report for the scheduled VA examination. The claim for service connection for these conditions remains pending.

The Board has denied the Veteran's claims of entitlement to service connection for right and left knee disabilities, finding that there is no evidence linking these conditions to his military service.

The Veteran's service-connected left knee disability is found to preclude him from obtaining or maintaining substantially gainful employment, and the TDIU claim is granted. The SSB pay recoupment is also granted.

The Veteran's asthma and degenerative joint disease of the right knee have been granted service connection, with an effective date of May 13, 2003. The Veteran's claims for increased evaluations on issues #4 and #5 were withdrawn.

The Veteran's low back, knee, hip, and psychiatric conditions are being remanded for further examination and development. The claims for hepatitis C will also be remanded.