Knee decisions — 2009

The Veteran's claims for increased ratings for his bilateral knee conditions were denied by the Board, as the evidence did not support a higher rating than 10 percent prior to October 9, 2008 and 10 percent since that date.

The Veteran's claims for increased ratings for his left knee, right shoulder, and migraine headache disabilities are being remanded due to the need for additional VA examinations.

The Veteran's combined rating for his service-connected conditions is 30%, which does not meet the schedular requirements for a total disability rating based on individual unemployability.

The Board found that the Veteran's current right knee disorder is not related to his active service and denied his claim for service connection. The left knee disability was previously denied, but the Veteran has now reopened this claim.

The Board has reopened the Veteran's claims for right knee and low back disabilities, which are now pending. The appeal is mixed as some issues have been granted while others were denied or not addressed.

The Veteran's right knee disability, even with consideration of arthritis, does not meet the criteria for a higher than 10 percent rating.

The Board has granted a 30 percent evaluation for headaches, the maximum available under Diagnostic Code 8100. The other issues remain unchanged with noncompensable ratings.

The Board has granted service connection for left shoulder strain, finding it etiologically related to active duty service. The other conditions remain unresolved.

The Board denied a request for an earlier effective date of May 26, 2006 for the grant of a 60 percent disability rating for right knee replacement.

The Board denied a combined rating in excess of 40 percent for the Veteran's service-connected left knee disability, finding that the current 40 percent rating adequately reflects the severity and manifestations of his condition.

The Veteran's death was not service-connected, and the claim for DIC under 38 U.S.C.A. § 1318 is denied as he did not meet the criteria of having a total disability rating due to service-connected disabilities for at least ten years immediately preceding his death.

The Board has remanded the case for additional development and a hearing before a Veterans Law Judge.

The Board found that the Veteran's left knee condition was not incurred in or aggravated by his service, and is unrelated to his service-connected right knee disability.

The Veteran's service-connected residuals of exostosis of the left knee with atrophy of Muscle Group XII are currently rated as 10 percent disabling prior to February 28, 2008, and 20 percent thereafter. The claim for an increased rating is denied.

The Board has remanded the case for additional development, including obtaining VA outpatient clinic records and a VA examination. The Veteran's claim will be reconsidered based on the new evidence.

The Veteran's appeal was denied as his conditions did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board has vacated its March 24, 2009 decision due to the submission of new evidence that was not considered in the original decision. The Veteran's left ear hearing loss and right knee disability were denied as service connection is not warranted based on the lack of evidence showing an increase in severity during service or aggravation.

The Veteran's claims for increased ratings for his left knee and ulnar nerve disabilities are denied. The Board finds that the current schedular ratings adequately reflect the severity of these conditions.

The Board has granted service connection for the residuals of epididymal orchitis and chronic tinea manuum, but denied service connection for other conditions. The Veteran is not shown to have a current disability manifested by hyperlipidemia.

The Veteran's claimed left knee disability and bilateral hip arthritis are not found to be related to her service-connected left foot disability.