Knee decisions — 2009

The Board has determined that the Veteran's claims for service connection have been denied as new and material evidence was not submitted to reopen his right knee injury claim, and he does not meet the criteria for service connection for other conditions.

The Board has granted service connection for bilateral hip degenerative joint disease and right knee degenerative joint disease, finding that these conditions are aggravated by the Veteran's service-connected pes planus.

The Board has determined that the Veteran's low back and left knee disorders are not service-connected, with no evidence of a direct connection to his active duty or any service-connected conditions.

The Board denied the Veteran's claims for service connection for residuals of a left foot injury and a left knee disorder, finding that there was no evidence linking these conditions to his military service.

The Board found that the Veteran's left knee disability status post left knee replacement was not incurred in or aggravated by his active service, and arthritis of the left knee could not be presumed to have been so incurred. The preponderance of evidence is against finding a chronic left knee disability present during service or related to service.

The Veteran's depression is caused by his service-connected bilateral knee disorders. The claims for PTSD, a temporary total rating under 38 C.F.R. § 4.29, and for a higher initial evaluation of the right knee disorder are withdrawn.

The Veteran withdrew his appeal regarding the disability rating for service-connected right knee arthritis.

The Veteran's appeal is remanded due to the need for a more current VA examination and VCAA notice.

The Board has denied the Veteran's claims for service connection for various knee, ankle, and back conditions as secondary to his service-connected left knee disorder. The Veteran's depression claim was also denied.

The Board has determined that new and material evidence has not been received to reopen the appellant's claims for service connection for gastro-intestinal disability, left knee disability, heart disability, and right inguinal hernia. As a result, these claims remain denied.

The Veteran's claim for service connection for a right knee disorder is being remanded due to the need for additional examination and opinion regarding the relationship between his in-service injury and current condition.

The Board has denied the Veteran's claims for service connection for residuals of perirectal abscesses, bronchitis, gastrointestinal reflux disease (GERD), hidradenitis suppurativa, migraine headaches, and hypertension. The Board also denied her increased rating claims for degenerative joint disease of the right knee and left knee, as well as a disability evaluation in excess of 10 percent for cervical spine disability.

The Board has remanded the case due to a need for proper notification of new and material evidence requirements.

The Veteran's case is being remanded for further review of additional evidence, including private treatment records and VA treatment records from 2007. The Veteran can request a supplemental statement of the case to discuss this new evidence.

The Board has determined that the Veteran's knee pain began in 1995, and is remanding the case for a new VA examination to determine if his current bilateral knee disability is related to service.

The Veteran's initial disability ratings for residuals of thyroid cancer, right knee arthritis, and cervical spine spondylosis have been granted. The Veteran is currently rated at 30 percent for residuals of thyroid cancer, with a noncompensable rating for the right knee and a 20 percent rating for cervical spine spondylosis from June 2, 2008.

The Veteran's claim for an increased disability rating for a service-connected left knee disability is being remanded due to the need for additional VA examination.

The Board has ordered a new VA examination to determine if the Veteran's current left knee disability, including degenerative joint disease of the left knee, is caused or aggravated by her service-connected right knee strain.

The Veteran's claims for increased evaluations of his left and right knee disorders are being remanded to the RO due to the need for additional development, including consideration of whether a total rating is warranted.

The Veteran's major depressive disorder was rated at 50% from October 21, 2003 to August 14, 2007 and at 30% since then. The Veteran's degenerative changes with herniation at L1-2 and mild spondylosis at the thoracolumbar junction were rated at 20% from October 21, 2003 to August 14, 2007 and at 10% since then. The Veteran's degenerative changes of the right knee with history of chondromalacia and prepatellar bursitis were rated at 10%.