Knee decisions — 2008

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the current severity of his left knee disability.

The Board found that the veteran's pre-existing left knee derangement did not worsen during service, and thus denied his claim for service connection.

The Board has determined that the veteran does not have any of the claimed conditions and, even if he did, there is no competent medical evidence relating these conditions to service.

The veteran's claims for service connection were denied across multiple conditions, with the exception of tinnitus which was assigned a 10% evaluation.

The veteran's appeal is being remanded for a hearing at the RO and proper notice under Vazquez-Flores v. Peake, No. 05-0355.

The veteran's service-connected right knee and bilateral foot conditions are currently rated appropriately, with no evidence of new or material evidence to reopen the claims. The veteran's sinusitis is not manifested by incapacitating episodes per year or more than six non-incapacitating episodes per year.

The Board found that the February 1972 rating decision denying service connection for a left knee disability was not clearly and unmistakably erroneous. The veteran's claim of CUE in this decision is denied.

The veteran's claim for special monthly pension based on need of regular aid and attendance or housebound status is denied as he does not meet the criteria for either benefit.

The Board has determined that the veteran's service-connected residuals of a fractured right distal femur and stress fracture, tibial plateau, with post-traumatic knee arthritis do not warrant a disability rating in excess of 10 percent.

The Board has determined that new and material evidence has not been received to reopen the veteran's claims for service connection of right and left knee disabilities, as the provided evidence is insufficient to establish a reasonable possibility of substantiating these claims.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling the veteran for an examination to assess his current disability levels.

The veteran's right knee disability, including the residuals of a meniscal repair and osteoarthropathy, has been evaluated as noncompensable since December 2002. The RO found that there was full range of motion without any objective findings of pain, functional loss, instability or subluxation.

The veteran's claim for an increased rating for his service-connected degenerative joint disease of the right knee is being remanded due to a need for a contemporaneous examination.

The Board has determined that the veteran does not have a current bilateral knee disorder as a result of disease or injury incurred during her active military service.

The veteran's appeal is being remanded due to the need for additional evidence and clarification of his claims, particularly regarding his right knee disability and service connection for PTSD.

The veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to assess the current status of her service-connected right foot injury and any related right knee and low back conditions.

The Board has determined that the veteran does not have a current diagnosis of bilateral knee disability, disability manifested by chest pain, or sleep apnea. The claims for service connection for these conditions are therefore denied. Service connection is granted for a psychiatric disorder (major depressive disorder), heel spurs, and bilateral shoulder arthritis.

The Board has denied the veteran's claims for service connection for dysthymic disorder and left knee disorder, finding no evidence of a current disability or link to military service.

The veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is being remanded as the VA has not provided an opinion regarding whether his service-connected conditions alone cause him to be unable to work.

The veteran is seeking special monthly compensation based on the need for regular aid and attendance or at the housebound rate. The case must be returned to the RO for review of additional medical evidence, including SSA records since 1997.