Knee decisions — 2007

The Board has determined that the veteran's left knee degenerative joint disease does not warrant a rating in excess of 10 percent, as his range of motion is sufficient to meet this evaluation.

The Board found that the veteran's left below the knee amputation was not caused by VA medical care, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The Board denied the veteran's claims for service connection for various conditions, including residuals of a right knee injury and secondary disabilities. The denial is based on lack of evidence showing in-service or post-service continuity of symptomatology.

The Board denied service connection for a left knee disability resulting in replacement surgery, finding that the veteran's pre-existing condition did not increase during active military service and was not aggravated by service.

The Board found no evidence of a right knee injury in service and concluded that arthritis of the right knee was not incurred or aggravated by military service. The claim for secondary service connection to residuals of a fracture of the right ankle was also denied.

The Board denied an increased disability rating for the service-connected right knee disorder, currently evaluated as 10 percent disabling.

The Board has denied the claims for service connection for right and left knee disorders, finding no current diagnosed disability that is related to military service.

The Board has granted service connection for an acquired psychiatric disorder, including PTSD and dysthymic disorder. The gastro-intestinal disorder is presumed to be secondary to the service-connected PTSD. Service connection is also granted for diabetes mellitus II, lower back disability, and left knee disability.

The Board has determined that additional development is needed to determine the nature and etiology of any right knee disability and back disability, including whether they are related to service.

The veteran's appeal is being remanded for further development, including obtaining medical records and scheduling the veteran for a VA orthopedic examination to assess his right femur fracture, right knee disorder, and left total knee replacement.

The Board has determined that there is no competent medical evidence showing a right knee disorder or hemorrhoids condition related to service. Therefore, the claims for service connection are denied.

The veteran's claim for nonservice-connected pension was denied as he did not meet the criteria of being permanently and totally disabled from a non-service-connected disability.

The Board has reopened the veteran's claim for service connection for degenerative joint disease of the right knee and ankle, finding new and material evidence. The VA examiner concluded that there is less than a 50% probability that the arthritis is related to his service-connected right leg injury.

The Board has remanded the case due to incomplete service treatment records and requests for additional examinations. Service connection will be considered based on the merits of the claims.

The Board denied the veteran's claims for initial evaluations in excess of 10 percent for instability of the left knee and residuals of a left anterior cruciate ligament repair with decreased sensation and scar.

The Board granted the veteran's TDIU claim with an effective date of February 24, 2001, based on his service-connected disabilities and their impact on his employability.

The veteran's combined service-connected disabilities do not meet the criteria for a TDIU due to their percentage ratings, but his unemployability is considered based on the severity of his service-connected conditions.

The Board has determined that new and material evidence sufficient to reopen the veteran's claim of service connection for a left knee disability has been submitted. The case is remanded for further development, including scheduling a VA examination.

The Board granted service connection for a headache disorder as residual of skull fracture, but denied service connection for bilateral knee disorders. The veteran was assigned a 10% rating for his left supraorbital scar.

The veteran's service-connected disabilities do not render him unemployable, as his total combined rating is only 60 percent and he does not meet the percentage standards for schedular TDIU consideration. The Board finds that the preponderance of the evidence is against the claim.