Knee decisions — 2008

The veteran does not have a current bilateral hearing loss condition that is related to his period of service. His hearing was normal at the time of both his entrance and separation examinations.,There is no evidence of a left knee condition during the veteran's first period of service, and there is conflicting medical evidence regarding whether he had a pre-existing left knee condition prior to service or if it developed post-service.

The Board denied the veteran's claim for an evaluation higher than 20 percent for her right knee arthritis and patellofemoral syndrome, finding that her disability did not meet the criteria for a higher rating. The TDIU issue was also denied.

The Board has reopened the veteran's claims for service connection for left knee and right shoulder disabilities, finding that new and material evidence has been submitted. The claims are now considered on their merits.

The veteran's chondromalacia patellae of the right and left knees do not meet the criteria for a higher initial rating under applicable diagnostic codes.

The Board has denied the veteran's claims for increased evaluations for his osteoarthritis of the right and left knees, finding that the current ratings are appropriate based on the evidence showing some loss of range of motion but no compensable limitation.

The veteran's appeal is being remanded for a videoconference hearing at the RO in No. Little Rock, Arkansas.

The Board has remanded the claims for additional development due to the need for examinations and further review of the evidence.

The veteran's appeal is being remanded for additional development, including obtaining VA medical records and Social Security Administration records. The AOJ will schedule the veteran for examinations to determine the nature and etiology of his claimed conditions.

The veteran's bilateral knee, left shoulder, and low back disabilities are found to be secondary to his service-connected right ankle disability.

The veteran's claims for service connection for right knee, back, and left shoulder disabilities are being remanded to the RO for additional development of VA medical records.

The veteran's initial compensable ratings for service-connected chrondomalacia of the right and left knees are being remanded due to inadequate findings from a previous VA examination, necessitating another examination to assess current disability levels.

The Board denied service connection for headaches, sinusitis, and a right knee disability due to the lack of evidence showing these conditions were incurred or aggravated by military service.

The Board has determined that the veteran does not have PTSD, an acquired psychiatric disorder (other than PTSD), a back condition, a right wrist disorder, a right ankle disorder, a right knee disorder, or a right shoulder disorder as a result of his service. The claims for these conditions are therefore denied.

The veteran's claims for higher evaluations of internal derangement of the left knee, irritable bowel syndrome (IBS), and sinusitis/rhinosinusitis were denied. The current ratings are 10% each.

The Board dismissed the appeal as there was no specific error of fact or law identified by the attorney.

The Board has determined that the veteran does not have a right knee disability or a low back disability that was incurred during service. The VA examiner concluded that any current low back disability is more likely due to post-service motor vehicle accidents, and not related to service.

The Board has determined that the appellant's claimed right and left knee disorders are not related to service, and thus denied her claims for service connection.

The Board has determined that service connection for the cause of the veteran's death is not warranted due to lack of evidence linking his fatal conditions to his military service.

The Board has granted service connection for left knee and ankle disabilities, but denied any request for increased ratings. The veteran's left knee is rated at 10 percent for arthritis with instability, while his left ankle disability is rated at 20 percent.

The Board has remanded the case for further development, including scheduling a hearing and ensuring compliance with the Veterans Claims Assistance Act of 2000.