Knee decisions — 2008

The Board has determined that additional development is necessary to properly adjudicate the veteran's claims, including obtaining medical records and arranging for VA examinations.

The veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for a right knee disorder. The Board concludes, based on the medical evidence, that the veteran's current right knee disability is more likely than not related to an injury sustained during military service.

The Board denied the veteran's claims for service connection for a bilateral knee disorder and an increased rating for pes cavus, left foot with calcaneal spur. The veteran's knee conditions are not presumed to have been incurred in service due to lack of evidence showing arthritis within one year post-service discharge. For his left foot condition, the Board found no evidence supporting a finding that it was related to service.

The Board found no current right knee disability and thus denied the veteran's claim for service connection.

The Board denied the veteran's claim for an earlier effective date of July 6, 2004, as it was not factually ascertainable that his right knee patella femoral pain syndrome increased in severity prior to this date.

The Board denied service connection for asbestosis, peripheral neuropathy of the left leg and foot, left knee disorder, right knee disorder, and PTSD. The veteran was not shown to have a current disability related to asbestos exposure.

The veteran's service-connected disabilities do not meet the schedular requirements for a total disability rating based on individual unemployability, and there is no evidence to warrant referral for consideration of individual unemployability on an extra-schedular basis.

The veteran's appeal is being remanded for a new VA examination to determine the current severity of his right knee disability, as he underwent surgery in July 2007 and the most recent records are dated before that.

The Board has determined that the veteran does not meet the criteria for service connection for any of his claimed conditions, including an inguinal hernia, right knee disability, low back disability, right hip disability, acquired psychiatric disorder (depression), bilateral hearing loss, and tinnitus.

The Board denied the veteran's claims for service connection and increased ratings, finding that new and material evidence had not been submitted to reopen several of his claims. The right knee disability was found to be incurred in active service.

The Board finds that the veteran's right foot pain and bony changes are likely due to a stress fracture sustained during service. Service connection for the residuals of a right foot stress fracture injury is granted.

The veteran's service-connected disabilities effectively preclude locomotion without the aid of braces, crutches, canes, or a wheelchair. The Board grants entitlement to a certificate of eligibility for specially adapted housing.

The Board denied the veteran's claims for service connection for hypertension and a left knee disorder (claimed as gouty arthritis) based on lack of evidence linking these conditions to his military service.

The Board found that the veteran's low back and left knee disorders are not related to his service-connected right knee condition. The claims for service connection were denied.

The Board denied the appellant's claims for increased evaluations for his service-connected lumbar spine disability, right knee arthritis, left knee arthritis, and left knee instability. The RO found that the evidence did not support an evaluation in excess of the current ratings.

The Board has determined that the veteran's claim for service connection for residuals of a left leg injury, to include a left knee replacement, should be remanded due to insufficient evidence and the need to obtain additional treatment records.

The Board found that the veteran's left knee disability is secondary to his service-connected pes planus and granted service connection for this condition.

The Board has granted a 10 percent rating for bilateral knee chondromalacia and arthritis, effective from December 28, 2004. The veteran's claims are based on the merits of his disability without any presumption or secondary service connection.

The veteran's appeal is being remanded for additional development and due process concerns, including obtaining service records related to a truck accident in Germany and scheduling the veteran for examinations to assess his bilateral knee disability and laceration scars.