Knee decisions — 2008

The veteran's appeal is remanded due to the need for a VA examination, outstanding VA treatment records, and VCAA notice deficiencies.

The Board has determined that the veteran does not have a groin disability, but he has a diagnosed right knee ligament disorder attributable to service.

The veteran withdrew his appeal before the Board, indicating satisfaction with his current rating.

The veteran's right knee disability was evaluated as 10 percent disabling prior to September 27, 2007. The Board found that the currently assigned rating adequately reflected his symptoms and limitations.

The veteran's claims for increased evaluations for chronic fatigue syndrome and multiple arthralgia of the knees, shoulders, ankles and back are being remanded due to insufficient evidence. An additional VA examination is needed to assess current disability levels.

The veteran's case involves two main issues: his eligibility for a permanent and total disability evaluation for pension purposes, and whether the injuries he sustained in a motor vehicle accident on August 24, 1996 were due to willful misconduct. The Board has determined that some of his disabilities are the result of willful misconduct, but the case is remanded for further development regarding all of his disabilities.

The Board has determined that the veteran's bilateral knee disabilities, thoracolumbar spine disability, hearing loss, and left shoulder disability are all related to service. The appeals for these conditions have been granted.

The Board has denied the veteran's claims for service connection for bilateral knee degenerative joint disease, bilateral leg edema, thoracic spine arthritis, and a disability rating greater than 10 percent for asbestosis. The veteran's current psychiatric disorder is not service-connected.

The Board is remanding the case to obtain a more detailed medical opinion regarding whether the veteran's service-connected conditions contributed to his death, and to ensure that all notification requirements under the VCAA have been met.

The veteran's appeal is being remanded for additional development, including obtaining his vocational-rehabilitation file and scheduling a VA examination. The issues of increased ratings for left knee disorder and Tietze's syndrome are also being remanded.

The veteran's left knee condition, post-total knee arthroplasty, is currently rated at 30 percent disabling. His right tibia fracture remains rated at 30 percent since September 24, 2003.

The Board has granted a 60 percent rating for the veteran's service-connected degenerative joint disease, right knee, effective January 1, 2008. A separate 10 percent rating is also granted for right knee lateral instability.

The Board found that the veteran's bilateral knee disorder was not incurred in or aggravated by service and denied his claim for accrued benefits.

The Board denied the veteran's claims for higher initial ratings for his service-connected patellofemoral syndrome of the right knee, finding that the evidence did not meet the criteria for a rating in excess of 10 percent based on limitation of motion or a separate compensable rating for instability prior to November 29, 2004. The veteran's claim for an initial rating in excess of 20 percent for instability since November 29, 2004 was also denied.

The Board found that the preponderance of evidence is against the grant of service connection for tinnitus. The veteran's right knee disability was not aggravated beyond its natural progression during service, and there is no indication that a left knee disability developed as a result of his right knee disability.

The Board has determined that further development is needed, including obtaining medical records and scheduling the veteran for VA examinations to assess his left knee and right hip conditions. The claims will be remanded for these actions.

The veteran's service-connected left knee DJD has been rated at 10 percent since October 29, 2007. The RO granted a higher rating of 10 percent effective from October 30, 2007.

The Board has reopened the veteran's claim for service connection for a left knee disability and granted it. The right knee disability is also granted as secondary to the left knee disability.,Service connection was established for both the left knee strain (previously denied) and the right knee disability, which is found to be secondary to the left knee disability.

The Board found that the veteran's left knee disability was not incurred in or aggravated by his active service and denied the claim for service connection.

The Board denied the veteran's claims for service connection for pes planus, right and left knee disorders, and bilateral hearing loss disorder. The decision found that there was no current disability related to these conditions, and thus denied them.