Knee decisions — 2008

The veteran's claims for service connection are being remanded due to the need to obtain additional medical records and conduct further VA examinations.

The Board denied the veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, finding that he does not meet the threshold minimum percentage standards and thus cannot receive a TDIU. The AMC noted that there is no evidence showing the veteran has been found unable to secure or follow a substantially gainful occupation solely as a result of his service-connected disability.

The veteran's service-connected right and left knee strains are each rated at 10 percent, with the right knee also receiving a separate 20 percent evaluation for instability. The left acromioclavicular joint arthrosis with shoulder strain is not shown to warrant an increased rating. The status post left index finger fracture does not meet criteria for a compensable evaluation.

The veteran's claims for service connection for depression and an initial rating higher than 10 percent for patellofemoral pain syndrome with chondromalacia of the left knee were both denied. The veteran was not granted any new ratings or effective dates.

The Board found that the veteran's left knee disorder did not manifest during service or within a year after discharge, and is not related to his active service. The lumbosacral spine disorder was also not shown to be related to service.

The Board has determined that new and material evidence has been received to reopen the veteran's claim of entitlement to service connection for internal derangement of the right knee. The VA will schedule a VA orthopedic examination to determine if any current right knee disorder is related to active duty military service.

The Board has determined that the veteran's left knee disorder did not manifest in service and was not shown to be causally or etiologically related to service or a service-connected disorder, including his right knee disorder. As such, the claim for secondary service connection is denied.

The Board has remanded the case due to incomplete medical records and requests for additional evidence. The veteran's claims for service connection are pending.

The veteran's claims for service connection were denied. The right distal ulna fracture claim was granted with a compensable rating, but the other claims related to anxiety disorder, right knee condition, diabetes, left knee condition, and rectal carcinoma were all denied.

The Board has remanded the case for additional development, including obtaining medical records and attempting to correct errors in the claim file.

The Board has remanded the case for further development and examination, including obtaining service treatment records and scheduling a VA orthopedic examination. The claims of entitlement to service connection for left knee chondromalacia and right knee chondromalacia will be reconsidered based on the additional evidence.

The Board denied the veteran's claims for increased ratings and service connection, finding no competent evidence linking his right shoulder impingement syndrome to his service-connected knee disabilities.

The Board has determined that the veteran's claims for effective dates earlier than April 21, 2005 for the assignment of a 10 percent rating for his service-connected right and left knee disabilities are denied as it is not factually ascertainable that the veteran's knee disabilities increased to the 10 percent level prior to April 21, 2005.

The Board denied the veteran's claims for service connection for skin rash, immune system disorder, and left knee disorder due to a lack of current evidence of these conditions.

The veteran's service-connected left knee disability is currently rated at 40 percent, and the evidence does not support a higher rating.

The veteran's right knee conditions, including a torn meniscus and arthritis, were rated at 20 percent for instability and 10 percent for arthritis since April 13, 1995. The rating was granted as the conditions met the criteria under direct service connection.

The Board has ordered a VA examination to determine if the veteran's right knee disability is related to service. The issue will be reviewed again with all new evidence.

The Board found that the veteran's right knee disorder preexisted service and was not aggravated by service, thus denying his claim for service connection.

The veteran's claims for service connection and increased ratings were denied. Service connection was not granted for a thoracic/dorsal spine disability, and the RO awarded noncompensable evaluations for chondromalacia patella of both knees.

The veteran's right below the knee amputation is not shown to be the result of carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA. Therefore, his claim for compensation benefits under the provisions of 38 U.S.C.A. § 1151 for right below the knee amputation is denied.