Knee decisions — 2008

The Board has denied the veteran's claims for service connection for left and right knee disorders, as well as a thoracic nerve disorder. The evidence does not support a finding that these conditions are related to military service or to a service-connected disability.

The veteran's right hallux valgus with associated bunion was not found to warrant a compensable evaluation.,Right shoulder tendinitis did not meet the criteria for a compensable rating under DC 5201 due to full range of motion and no loss of mobility on testing.

The Board has remanded the case for additional development, including obtaining service medical records and private treatment records. The veteran's low back and left knee conditions will be evaluated by a VA examiner to determine if they are related to his military service.

The Board has determined that the veteran's preexisting right knee disorder did not worsen during service, and therefore denied his claim for service connection. However, the Board also ordered a VA examination to address whether any current right knee disorder is related to service.

The veteran's hearing loss of the left ear is not service-connected, and his increased rating claim for meniscal tear of the left knee (left knee disability) was denied.

The Board has remanded the case for additional development due to issues related to service connection for right and left knee disabilities.

The veteran's appeal is being remanded due to the need for additional records from the Social Security Administration and consideration of new evidence provided by the appellant without initial review.

The Board denied the veteran's claims for service connection of right foot, right knee, and low back disabilities as secondary to his service-connected left ankle disability.

The Board has granted service connection for a left knee meniscal tear, status post surgery. The veteran's torn meniscus of the left knee was continually symptomatic since service.,The Board found that the veteran's panic disorder is not clearly and unmistakably erroneous and thus denied severance of service connection.

The veteran's appeal is being remanded for further examination and evaluation of his right ankle disorder and degenerative changes of the right knee, as well as obtaining any relevant VA treatment records.

The Board granted service connection and assigned initial ratings for the veteran's disabilities, including chronic lumbosacral spine strain with early degenerative disc disease, cervical spine disability (status post anterior fusion C4 through C6), residual right upper radiculopathy, and chronic left knee strain. The veteran was not granted an evaluation in excess of 10 percent for any condition.

The Board denied the veteran's claims for increased ratings for his left and right knee disabilities, finding that they did not meet the criteria for a higher rating under Diagnostic Code 5257.

The veteran's appeal for increased ratings and secondary service connection claims were denied due to her failure to report for VA examinations scheduled in July 2007. Her current disability picture cannot be evaluated without these examinations.

The Board has determined that the veteran does not have a left leg disability other than his left knee, and there is no evidence of a vertebral injury. The claims for service connection are denied as new and material evidence was not received to reopen these claims.

The Board has remanded the case for additional development due to VCAA notice issues, including providing more specific information about what evidence is needed to substantiate a claim for increase in right knee disability and service connection for left knee disability.

Throughout the rating period on appeal, the veteran's left knee disability has been productive of complaints of pain and limited range of motion. However, the evidence does not support a higher rating in excess of 10 percent for either limitation of flexion or instability.

The veteran's claim for an initial evaluation in excess of 10 percent for degenerative joint disease of the left knee was granted, with a current rating of 10 percent. The TDIU claim was also granted.

The Board has remanded the case for additional development and notification, including providing corrective notice regarding increased ratings for PTSD and left knee disability as well as reopening a claim of service connection for chronic fatigue.

The Board has reopened the veteran's claim for service connection for PTSD, but finds that there is no current diagnosis of PTSD. The claims for major bipolar disorder, right knee strain, right ankle strain, left shoulder strain, arthritis of the cervical spine, and peripheral neuropathy are all denied as not related to service.

The Board has determined that the appellant's claimed low back, right knee, and left knee disabilities are not service-connected as they are not shown to be related to his military service or any period of active duty for training (ACDUTRA) or inactive duty for training (INACDUTRA). The appellant's gastritis is also not service-connected.