Knee decisions — 2008

The veteran's claims to reopen service connection for left and right knee disorders were denied as new and material evidence was not provided.,The veteran's request for TDIU was also denied due to the absence of any service-connected disabilities.

The Board has denied the veteran's claims for service connection for right and left knee disabilities, right ankle disabilities, and back disabilities due to a lack of competent evidence linking these conditions to his military service.

The Board found that the veteran does not have a left leg or left foot disability that is related to her military service, and thus denied her claims for service connection.

The Board has determined that the veteran's left shoulder, right hand, and left knee disabilities are service-connected based on direct evidence of injury or disease during active duty.

The Board has determined that the veteran's current right knee disabilities, including arthritis and chondromalacia, were not incurred or aggravated during service. The preponderance of evidence does not support a finding that these conditions are related to military service.

The veteran's claims for increased ratings and service connection were denied. The RO assigned a 20 percent rating for residuals of right ankle fracture, but did not grant the requested higher initial or staged ratings for patellofemoral syndrome of both knees or service connection for lumbar spine and cervical spine disabilities.

The Board has granted service connection for a left knee disorder secondary to the veteran's service-connected low back and right knee disabilities. The initial disability rating for degenerative disc disease of the lumbar spine with bilateral radiculopathy remains at 20 percent.

The Board found that the veteran does not have arthritis in multiple joints to include his left shoulder, bilateral hands, lumbar spine, and left knee due to service. The sinusitis claim was denied as it is not proximately due to or the result of the service-connected residuals of shell fragment wound to the forehead.

The Board found that new and material evidence had not been received to reopen the veteran's claim for service connection of a right knee disability, thus denying the reopening of the claim.

The veteran's appeal has been dismissed due to his death.

The Board has determined that the veteran's right knee and right foot disabilities were not incurred or aggravated during his period of active service. The available evidence does not support a finding of chronicity, aggravation, or any other form of service connection for these conditions.

The Board has determined that the veteran does not have any of the claimed conditions related to service and therefore denied all claims for service connection.

The veteran's claims for service connection and increased ratings were denied. The Board found no evidence of a current right knee or left knee disability, nor did the medical evidence support separate diagnoses for left hip pain or shoulder pain. For bilateral hearing loss, the VA examination revealed normal hearing thresholds but noted symptoms consistent with PTSD affecting his ability to work.

The Board has decided to remand the case for further development, including obtaining medical records and verifying stressor events.

The Board denied the veteran's claims for increased ratings and a temporary total convalescent rating, finding that the surgeries were not related to her service-connected conditions.

The Board has remanded the case for further development, including obtaining records from the US Postal Service and ensuring all requested documents have been obtained.

The Board has remanded the case to the RO for further development, including obtaining additional service medical records and seeking an updated opinion from a qualified examiner regarding whether the appellant's right knee disorder pre-existed service.

The Board has determined that the appellant's current disorders of the knees and generalized anxiety disorder are not related to his active or inactive duty for training, but granted service connection for a generalized anxiety disorder based on evidence linking it to his active duty for training.

The veteran's appeal is being remanded to the RO for additional development, including obtaining medical records and scheduling a VA examination. The case will be readjudicated based on all evidence of record.

The Board determined that the recoupment of the veteran's separation pay by withholding his VA disability compensation, in the amount of $12,405.24, is proper based on statutory and regulatory requirements.