Knee decisions — 2008

The veteran's appeal is being remanded for additional development, including obtaining treatment records and arranging for an orthopedic examination.

The veteran's claims are being remanded due to the need for a new hearing before the Board of Veterans' Appeals.

The Board denied the veteran's request to reopen his claim of service connection for a left knee disorder, finding that the new evidence submitted was cumulative and did not raise a reasonable possibility of substantiating the claim.

The Board has determined that the veteran's claimed back injury, forehead laceration, rib contusion, and bilateral knee abrasions are not service-connected as they do not meet the criteria for service connection under VA regulations.

The Board has remanded the claims due to the need for additional VA examinations and a review of the overpayment claim.

The Board has reviewed the veteran's claims for service connection for various conditions, including a left hip disorder, left knee disorder, back disorder, and arthritis of the back and left hip. The evidence does not support a finding that these conditions are related to service or any incident thereof.

The Board has determined that the veteran does not have a current diagnosis of right ear hearing loss or right knee disorder, and therefore service connection for these conditions is denied. The claim for PTSD remains pending as there are conflicting medical opinions regarding its diagnosis.

The veteran's appeal is being remanded for further development and examination.

The Board denied service connection for depression and granted a 10 percent evaluation for right knee disability, effective July 28, 2004. The veteran's claim for increased rating of the right knee remains pending.

The veteran's claims for increased evaluations of his service-connected cervical strain, scar, residual left ankle surgery, lumbar strain with degenerative changes at T12-L1, right ilio-tibial band syndrome, retropatellar pain syndromes of the knees, postoperative residuals of a malleolus fracture, allergic rhinitis, tinea corporis and tinea cruris, left wrist strain, left epididymitis, and scar from a thumb laceration have all been denied.,The veteran's service-connected conditions do not meet or approximate the criteria for higher evaluations under any applicable diagnostic codes.

The veteran's claims for service connection for a left knee disability and an initial rating in excess of 10 percent for a left shoulder strain were denied. The claim for the abdominal scar post appendectomy was not addressed as it is not related to service connection.

The Board has denied the veteran's claims for service connection for a right knee condition and a psychiatric condition, finding that there is no evidence to support the veteran's assertions of in-service injury or aggravation.

The veteran's service-connected right knee condition required convalescence beyond June 30, 2004 and the Board grants a temporary total evaluation of 100 percent through July 31, 2004.

The veteran's left knee disability is rated at 10 percent, and his right knee disability with limitation of motion prior to February 2, 2005, is rated at 30 percent. The RO denied the veteran's claims for increased ratings.

The Board found that the veteran's bilateral hearing loss was not incurred or aggravated in active military service, and denied his claim for an initial evaluation in excess of 10 percent for left knee degenerative joint disease with chondrocalcinosis.

The Board has reopened the veteran's claim for service connection for a bilateral knee disability and granted it, finding that new evidence supports the claim.

The Board denied the veteran's claims for service connection for a back disability and bilateral ankle disabilities, as well as his requests for compensable ratings for patellofemoral pain syndrome of the left knee with history of tibial plateau stress fracture and patellofemoral pain syndrome of the right knee with history of tibial plateau stress fracture. The veteran's service-connected knee disabilities do not clearly interfere with normal employability.

The Board has determined that the veteran's left knee disorder is not related to his military service and therefore denied his claim for service connection.

The veteran's death was not service-connected, and he did not meet the requirements for DIC benefits under 38 U.S.C.A. § 1318.

The Board has granted service connection for bilateral knee disabilities and denied an increased rating for tinnitus. The veteran's bilateral knee disabilities are found to be incurred in service, while his tinnitus is at the maximum schedular evaluation.