Knee decisions — 2008

The Board has decided to remand the case for further examination and development due to conflicting medical evidence regarding the etiology of the veteran's bilateral knee disability.

The veteran's claims of entitlement to service connection for post-operative radial head fracture of the left elbow with residual scarring, chondromalacia patella of the left knee, and chondromalacia patella of the right knee have been granted. However, additional records from Tricare Prime Clinic need to be obtained, proper VCAA notice must be provided, and the case must be remanded for further development.

The Board denied the veteran's claims for PTSD, right knee disability, and low back disability due to lack of evidence supporting service connection.

The Board found that the veteran's suicide was not related to service-connected conditions or willful misconduct, and thus denied the claim for service connection for cause of death.

The Board denied the veteran's claims for increased ratings for spondylosis, lumbar spine; chondromalacia, right knee with cyst; hiatal hernia; and hemorrhoids. The claim for an initial compensable rating for bilateral hearing loss was withdrawn by the veteran.

The Board has remanded the case due to a challenge to the validity of the creation of the disability compensation overpayment indebtedness. The veteran and his representative have specifically articulated this challenge, requiring further development before considering the issue of waiver.

The Board found no evidence to support the veteran's claims for service connection of lumbar spine, left ankle, right ankle, bilateral hip pain, and right knee disabilities. The preponderance of the evidence showed that these conditions were not related to service.

The Board has ordered additional development to gather medical records and opinions regarding the appellant's claimed low back, left knee, and right knee disorders. The claims will be reconsidered based on all available evidence.

The veteran's claims for service connection are being remanded due to the submission of new evidence and the need for additional development, including a VA opinion on whether his right wrist disorder is related to his service-connected left thumb disability.

The veteran's claims for service connection were denied as his claimed conditions are not shown to be related to active service.

The Board denied all claims, including the veteran's claim for service connection for PTSD due to a lack of verified stressors.

The Board has determined that the veteran's arthritis of the left knee and low back disorder are not related to his military service or his service-connected right knee disability, and thus denied both claims.

The Board has determined that the veteran's partial meniscectomy residuals of both knees do not warrant a higher rating, as they currently manifest no more than moderate instability in the right knee and slight instability in the left knee.

The Board has determined that the veteran's right and left knee conditions do not warrant a rating in excess of 10 percent, as they are currently rated.

The veteran's claim for a total disability rating based on individual unemployability is remanded due to the need for additional evidence and an examination. The issue of increased evaluation for his left knee disorder is also referred back to the RO.

The Board denied the veteran's claims for increased ratings for his post-operative right knee disability, a compensable initial evaluation for patellofemoral syndrome of the left knee, and service connection for low back disability. The claim for service connection for an acquired psychiatric disability was remanded.

The Board has remanded the case due to incomplete records and the need for additional examinations.

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

The Board has determined that the veteran's right knee disability, rated at 60 percent since September 27, 2001, does not warrant a higher evaluation based on the evidence of record.

The Board has determined that the veteran's knee and ankle disabilities do not warrant a disability rating in excess of 10 percent. The right thumb disability also does not meet the criteria for a higher rating.