Knee decisions — 2008

The Board found no evidence of current disabilities affecting both knees and left foot, thus denying service connection for these conditions.

The Board finds that the veteran's left leg and knee disability is related to his active service, while there is no clear and unmistakable evidence that his back disability existed prior to service. Therefore, service connection for a left leg and knee disability is granted, but service connection for a back disability is not warranted.

The veteran's claims for service connection for bilateral knee, ankle, right shoulder, and right wrist disorders were denied as there is no current evidence of a disability.

The Board denied the veteran's claims for service connection for bronchitis, headaches, a left shoulder disorder, a gynecological disorder, urticaria, and panic disorder with agoraphobia. The evidence did not establish current diagnoses or show these conditions were incurred in service.

The VA reduced the veteran's total right knee replacement rating from 100% to 30%, effective May 1, 2004. The reduction was based on a reexamination and considered material improvement in his disability.

The veteran's claims for increased evaluations and service connection are being remanded due to the need for additional examinations. The TDIU claim is held in abeyance until these issues are resolved.

The veteran does not have any of the claimed conditions and there is no evidence to support a finding that these conditions are related to service or exposure to herbicides.

The veteran's appeal was dismissed due to the death of the appellant, and thus no evaluation can be granted.

The Board has remanded the case to comply with instructions from the CAVC, requiring a VA examination and additional VCAA notice. The veteran's claims for service connection for left knee and right ankle disabilities are pending.

The Board has granted a 60 percent rating for the veteran's status-post right knee replacement, effective October 1, 2006. The previous ratings were denied.

The Board has denied the veteran's claims for service connection of right and left knee disorders as they are not related to his service-connected lower spine disorder.

The Board has ordered the VA to reschedule examinations for the veteran's knee and ankle disabilities due to his failure to report for previous examinations. The claims will be reconsidered after these examinations.

The veteran's appeal of her left knee disability claim has been dismissed as she withdrew the claim during the hearing. The cervical spine disability claim is being remanded for additional development.

The Board has determined that the veteran's claimed conditions, including tinnitus, bilateral arm disorder, bilateral knee disorder, and cervical spine/neck disorder, are not related to his service or any service-connected disabilities. As such, these claims for service connection have been denied.

The veteran's service-connected disabilities do not meet the minimum percentage requirements for a TDIU, and his disabilities are not shown to prevent him from obtaining or retaining substantially gainful employment.

The Board has determined that the veteran does not meet the criteria for service connection for sleep apnea, asbestosis, right ear hearing loss, or either knee strain. The claims are denied.

The Board has granted service connection for a major depressive disorder, finding that it is related to the veteran's service-connected disabilities. The claim for left knee disability remains pending as there are no current medical findings of a specific left knee disability.

The Board denied the reopening of the claim for service connection for left knee disability and denied a rating higher than 20 percent for right ankle fracture with degenerative joint disease.

The Board has remanded the case for additional development and due process, including obtaining missing treatment records from the Cleveland VAMC.

The Board has determined that the veteran's postoperative residuals, right acromioclavicular separation warrant a 30 percent evaluation but not higher. The claim for an increased rating for his postoperative residuals, left knee sprain with chondromalacia is denied.