Knee decisions — 2008

The Board has remanded the case for further development, including a determination on whether new and material evidence was received to reopen claims of service connection for mechanical back pain, instability of the right knee, and instability of the left knee. The effective date claims are also being remanded.

The Board denied the veteran's claims for increased ratings for his shrapnel wound of the left thigh and knee, as well as his post-operative residuals of prostate cancer. The evidence did not show a moderately severe muscle disability in the left leg or obstructed voiding.

The Board has determined that the veteran does not have a current diagnosis of a bilateral knee disorder and therefore, service connection for this condition is denied.

The Board denied the veteran's claims for service connection and increased rating for various conditions, including hepatitis C, cervical spine fusion with residuals, lumbar spine injury with residuals, gunshot wounds to both knees, and left foot disability. The decision also addressed issues related to these conditions.

The veteran's appeal is being remanded for additional development, including scheduling a VA examination and obtaining Social Security Administration records. The case will be reconsidered in light of all the evidence.

The Board has determined that the veteran's right knee condition, including arthritis, was not incurred in or aggravated by service and denied his claim for service connection.

The Board has decided to remand the case for further development, including a VA examination and medical nexus opinion regarding whether the veteran's current left knee degenerative joint disease is at least as likely as not caused or aggravated by his service-connected residuals of right patella fracture.

The Board has granted the veteran's service connection for a right foot disability. The remaining issues of service connection for bilateral knee, shoulder, and cervical spine disabilities, as well as an initial compensable rating for service-connected bilateral hearing loss, are remanded.

The Board denied an increased evaluation for the veteran's left knee disability and also denied reopening of his right knee service connection claim.

The Board has remanded the case for further development due to new and material evidence received since the October 1999 decision, reopening the claim of service connection for a psychiatric disorder. The right knee rating issue is also being remanded.

The Board has determined that the veteran's current ankle, knee, hip, and low back disorders are not proximately due to or aggravated by his service-connected pes planus.

The Board has determined that the veteran does not have a left ankle disability or residuals of a left knee injury incurred in service, and thus denied both claims.

The Board denied the veteran's claims for higher ratings for his right knee and left knee disabilities, finding that the evidence did not support a rating in excess of the current 20 percent ratings.

The Board has remanded the claims for additional development due to insufficient evidence regarding the etiology of the veteran's hearing loss, knee disabilities, and plantar fasciitis.

The Board has ordered a remand to determine if the veteran's service-connected disabilities require regular aid and attendance, given his worsening condition since the last examination in October 2002.

The RO granted a 20 percent evaluation for the veteran's right knee disorder, effective from February 19, 2003. The veteran requested an earlier effective date.

The VA denied the veteran's claim for reopening his service connection for a bilateral knee disability as secondary to his service-connected bilateral hammertoe deformities, finding that no new and material evidence had been received.

The Board has determined that there is no evidence to support a finding of service connection for hepatitis C, left knee disability, or psychiatric disability (including PTSD). The veteran's claim for hepatitis C was denied as it did not manifest until many years after service. Service connection for the other conditions was also denied due to lack of competent evidence linking them to service.

The Board granted a TDIU effective September 9, 2002 based on the veteran's service-connected right knee disability and PTSD. The RO assigned an effective date of August 7, 1999 as it was factually ascertainable that the increase in disability occurred within one year prior to the claim.

The Board has determined that the severance of service connection for residuals of tibial plateau fracture with hardware and post-traumatic arthritis of the left knee was improper, and thus restored the veteran's entitlement to service connection.