Knee decisions — 2007

The Board has determined that the veteran's right hand, left hip, left knee, left ankle and tailbone/back disabilities are related to service. The claims for these conditions have been granted.

The veteran's arthritis of the both knees and chronic sprains of both ankles are shown to be related to her military service, warranting service connection.

The veteran's left knee disability is rated at 10 percent effective February 20, 2007. His thoracolumbar spine disability is rated at 60 percent.

The veteran is seeking a total disability rating based on individual unemployability due to his service-connected disabilities. The Board has ordered additional development, including obtaining medical records and conducting an examination.

The Board found no current diagnosis of disorders of the right hip, leg, foot or knee and denied service connection for these conditions. The issue of whether new and material evidence has been received to reopen a claim of entitlement to service connection for a left knee disorder is remanded.

The Board granted a 40 percent rating for lumbosacral strain, denied increased ratings for left knee strain and residuals of right ankle injury.

The Board has determined that new and material evidence has not been received to reopen the veteran's claim for service connection for chondromalacia of the left knee. The decision is mixed as it involves reopening a previously denied claim.

The veteran's claim for a higher rating for post-operative residuals of a right knee injury was denied. The current disability rating remains at 20 percent, effective from the date of the March 2003 decision.

The Board has remanded the case for a VA orthopedic examination to determine the etiology of any left knee disability found on examination, including whether any pre-existing left knee disability existed prior to service entrance and underwent a permanent worsening during service.

The Board has determined that the service-connected disability (herniated nucleus pulposus status post laminectomy and discectomy at L5-S1) contributed substantially or materially to the veteran's death, resulting in a grant of service connection for the cause of the veteran's death.

The veteran is seeking service connection for bilateral pes planus, plantar fasciitis of both feet, and tendonitis of the knees. The case has been remanded due to inconsistencies in recent opinions regarding the etiology of these conditions.

The Board has determined that the veteran's left knee disability is related to his active military service and has granted service connection for this condition.

The veteran's left knee disability, status post partial meniscectomy with degenerative joint disease, has been rated at 10 percent since March 24, 1999. The Board denied an increased rating for the left knee disability and found no separate evaluation for left knee instability is warranted.

The Board found that the veteran's bilateral knee and shoulder disabilities, as well as arthritis of multiple joints, were not incurred or aggravated by service. The evidence did not support a finding of exposure to herbicides, asbestos, or radiation during service.

The veteran's initial evaluation for his left knee disability was granted at a 10 percent rating from October 1, 2002 to May 4, 2004. From July 1, 2005 onwards, he received a 30 percent evaluation.

The Board has determined that additional records are needed to determine the cause of the appellant's left knee disability and whether it is related to his military service. The case will be remanded for further development.

The Board has determined that the veteran does not currently have residuals of a right knee injury and therefore, service connection for this condition is denied.

The veteran's varicocele has been rated as noncompensable, and the Board finds that a compensable rating is not warranted.,Service connection for bilateral hip replacement and bilateral knee condition cannot be established due to lack of evidence of in-service injury or disease.

The veteran's request to reopen his claim of service connection for a right knee disability was denied in December 2003. The Board has determined that further development is required under the VCAA, including obtaining VA treatment records and providing notice as outlined by Kent v. Nicholson.

The Board has remanded the case for further development, including scheduling a VA examination and obtaining additional medical records. The veteran's claims for higher initial ratings for low back strain and right knee strain are also being reviewed.