Knee decisions — 2008

The Board denied the veteran's claims for service connection and an initial compensable rating for hemorrhoids, finding that his depression was not related to military service, his left knee disorder was not secondary to his right knee disability, hypertension was not due to military service, and his hemorrhoids did not warrant a compensable rating.

The VA determined that there is no medical evidence showing a right knee disorder was incurred or aggravated by service, and thus denied the claim for service connection.

The Board has remanded the case for further development, including rating the veteran's residual left knee disability following a one-year 100 percent rating for left knee replacement and readjudicating the issues of entitlement to TDIU and special monthly compensation.

The Board has determined that the veteran's left knee arthritis is proximately due to, or the result of, his service-connected right knee disability and grants service connection for this condition.

The RO has denied the veteran's claims for higher initial evaluations for his left knee strain and small traction heel spur, right foot. The RO found that the current evaluations are appropriate based on the symptoms described.

The Board has determined that the veteran's current right knee disability is service-connected, and his claims for chronic bronchitis are also granted. The other issues remain pending.

The veteran's service-connected disabilities do not meet the criteria for a TDIU due to their combined rating of 80 percent. However, further medical opinion is needed to determine if his service-connected conditions alone render him unemployable.

The veteran's claims for PTSD, residuals of a colon tear, and nasal disorder are denied as there is no current diagnosis or evidence of chronic conditions. The claim for service connection for chronic bronchitis remains pending due to the lack of a definitive diagnosis.

The Board has granted service connection for the left shoulder disability as secondary to the service-connected left knee disability. The effective date of the increased rating for the left knee disability is set at March 29, 2004. The veteran's TMJ syndrome and hemorrhoids are rated based on their current manifestations.

The veteran's claims for increased ratings for his left and right knee conditions are being remanded due to the need to obtain Social Security Administration (SSA) records.

The veteran is seeking service connection for bilateral knee bursitis. The Board has determined that additional development, including obtaining medical records and scheduling a VA examination, is necessary to make a determination on his claims.

The veteran is seeking service connection for bilateral knee disabilities. The Board has determined that a VA examination is needed to determine the etiology of his current knee conditions and whether they are related to service.

The Board found no evidence of a left knee disability related to service and denied the veteran's claim. The RO is instructed to obtain VA treatment records from September 2007 onwards and SSA records for further consideration.

The Board found no evidence linking the veteran's current bilateral knee disability to service, and thus denied his claim for service connection.

The Board found that the veteran's left knee and low back disorders were not incurred or aggravated by his military service, and therefore denied his claims for service connection.

The Board denied the veteran's claim of entitlement to an effective date earlier than May 18, 2004 for TDIU. The RO assigned TDIU on a schedular basis as of May 18, 2004.

The Board has determined that new and material evidence sufficient to reopen the previously denied claim for service connection for a left knee disability has been received. The de novo claim for service connection for a left knee disability is addressed in the REMAND portion of this decision.

The Board has determined that the veteran's low back degenerative changes are due to an injury sustained during his service in World War II. However, there is no evidence of a current right knee disability linked to service.

The Board denied a higher rating for left knee bursitis, finding that the evidence did not meet the criteria for a higher rating based on limitation of motion or subluxation/instability.

The Board has decided to remand the case for additional development, including obtaining medical records and scheduling a VA examination.