Knee decisions — 2008

The veteran withdrew his appeal regarding the claim for service connection for a left knee disorder.

The Board found that the veteran's death was not caused by or a result of his service-connected conditions, and thus denied both the cause of death claim and the DIC under 38 U.S.C.A. § 1318 claim.

The Board found no evidence linking the veteran's claimed conditions to his military service or any service-connected disability, including alleged exposure to ionizing radiation. Therefore, the claims for service connection were denied.

The veteran's service-connected disabilities, including a service-connected knee disability and back disability, currently rated at 60% and 20%, respectively, render him unemployable. The Board finds that the criteria for a total disability rating based on individual unemployability are met.

The Board denied service connection for a left knee disability and found that the veteran's combined schedular evaluation for his service-connected disabilities is currently at 40 percent, which meets the criteria for a higher rating.

The Board has remanded the case for additional development due to inadequate examination reports and new evidence may be needed. The veteran's hearing loss and knee disabilities are still under review.

The Board denied the veteran's claims for increased ratings for his left and right knee disabilities, finding that the evidence did not support a higher rating than 10 percent under the applicable diagnostic codes.

The Board has remanded the case due to insufficient evidence regarding the pre-service and service connection of left knee and low back disorders. The veteran is requested to provide authorization for release of any outstanding private medical records, and VA outpatient records dating from 1971 through May 2004, and from November 2007 to the present should be requested and associated with the record.

The veteran's right knee disability is currently rated at 30 percent, with full range of motion except for slight limitation in extension. The claim for service connection for a left knee disability remains pending.

The Board has denied the veteran's claims for increased ratings for his bilateral knee and ankle disabilities, finding that the evidence does not support a higher rating based on current functional impairment or additional diagnoses.

The Board has determined that a VA examination is necessary to determine the nature and etiology of the veteran's claimed knee and foot disorders, as these conditions may be related to service. The case will be remanded for this purpose.

The Board has denied the veteran's claims for service connection for PTSD, a respiratory disorder to include as due to herbicide exposure, and lead in blood. The initial noncompensable rating assigned for residuals of laceration of the left forearm is also denied.

The Board has remanded the case due to insufficient evidence regarding the etiology of the veteran's left knee disability, specifically whether it is related to service or his service-connected right knee disability. The veteran failed to report for a VA examination scheduled in February 2007 and there are questions about adequate notice being provided.

The Board has granted initial ratings of 30 percent for the service-connected post-traumatic patellofemoral osteoarthritis of the left knee, and 40 percent for the right knee, both effective from April 2007.

The veteran's appeal is remanded due to incomplete VA examination and treatment records, which need to be obtained and reviewed.

The Board has determined that there is no evidence of a low back or left knee disability during service, and the competent medical opinion does not support a connection between current disabilities and service. Therefore, service connection for these conditions cannot be granted.

The Board denied the reopening of a claim for service connection for a bilateral knee disability, finding that new and material evidence had not been submitted.

The Board has determined that the veteran's current left wrist and left knee disabilities are not related to or aggravated by his service-connected right hand/wrist and right knee disabilities, respectively.

The Board has determined that the veteran's service-connected left knee disabilities do not warrant an evaluation higher than 20 percent for residuals of an injury and a rating higher than 10 percent for degenerative changes, as there is no evidence showing impairment of the tibia and fibula or ankylosis, nor limitation of flexion or extension.

The Board denied the veteran's claims for ratings in excess of 10 percent for left knee postoperative residuals and left knee osteoarthritis, finding that the evidence did not support a higher rating based on functional loss or additional limitation of motion.