Knee decisions — 2008

The Board has remanded the case due to insufficient examination and incomplete evidence, requiring further development of the claims.

The Board has determined that additional medical examinations and opinions are needed to address the nature, extent, and etiology of the veteran's left knee disability, bilateral hearing loss, tinnitus, and psychiatric disorder claims. The case is therefore REMANDED for these actions.

The veteran's claim for a higher rating for his right knee injury is being remanded due to the need for additional examinations and records.

The Board denied the veteran's claims for service connection for an eye disability and increased rating for his right knee disability. The decision found no current eye disability for VA compensation purposes, and that the right knee replacement was not fully successful.

The Board finds that the veteran does not have any of the claimed conditions diagnosed in service or within one year after discharge, and there is no competent medical evidence linking these conditions to his military service. The claim for asbestos-related lung disease also fails as there is no competent medical evidence of a current disability related to asbestos exposure.

The veteran is seeking an earlier effective date for payment of additional compensation based on a dependent. The Board finds that the earliest possible effective date is August 1, 2005, as the claim was filed one year after this date.

The VA denied the veteran's claim for a higher rating for his left knee disability, finding that the evidence did not show that it warranted a rating in excess of 10 percent.

The Board has determined that the veteran does not have a current right knee disability and therefore, service connection for a right knee disability is denied.

The veteran's service-connected knee and shin splints disabilities have been rated as noncompensable, and the bilateral pes planus with plantar fasciitis has been rated at 10% prior to March 13, 2008, and 30% from that date. The appeals for higher ratings are denied.

The veteran's service-connected right knee disability is rated at 10 percent, and he has a separate 10 percent rating for instability. Service connection for a bilateral hip disorder due to his right knee disability is granted.

The Board has determined that the veteran's right and left knee osteoarthritis were not incurred or aggravated by active service, nor may they be presumed to have occurred therein. The evidence does not support a finding of direct service connection.

The Board has determined that the veteran's left knee disability was not incurred or aggravated in active service, nor is it proximately due to or the result of a service-connected disability. As such, the claim for secondary service connection for left knee disability is denied.

The Board has ordered a remand due to the need for additional development, including obtaining treatment records and scheduling an examination. The veteran's claim of service connection for chondromalacia of the right knee will be reconsidered based on all received evidence.

The veteran's claim for service connection for a right ankle disability, which is secondary to his service-connected left knee instability with degenerative arthritis and scars, has been remanded due to the need for additional medical records.

The Board has determined that reconsideration of the claim for service connection for bilateral knee arthritis is in order and the veteran is entitled to this benefit.

The veteran's left knee strain with degenerative joint disease is rated at 10 percent, and his bilateral sensorineural hearing loss disability is rated as non-compensable.

The veteran's claims for higher ratings and service connection were denied. His initial rating claim for low back pain was not granted as his disability did not meet the criteria for a higher evaluation, and he did not have residuals of knee injuries.

The Board denied the veteran's claims for service connection for Osgood-Schlatter's disease of the right knee (claimed as arthritis) and arthritis of the left knee, finding that new and material evidence was not submitted to reopen the claim for Osgood-Schlatter's disease of the right knee. The Board also found no current disability related to active service for either condition.

The veteran's right knee degenerative joint disease and instability were rated at 10 percent, effective August 2006. The left knee retropatellar syndrome was also rated at 10 percent, effective October 2007.

The veteran is seeking service connection for a right knee disorder, which he claims was incurred during his military service. The case has been remanded due to the need to obtain Social Security Administration (SSA) disability records and provide additional development as directed.