Knee decisions — 2009

The Board is remanding the Veteran's claims for additional development due to inadequate VCAA notice and incomplete treatment records.

The Board has denied the Veteran's claims of entitlement to service connection for left knee patellar femoral syndrome, low back pain, and depression due to a lack of evidence showing current disabilities or a link between any currently existing disabilities and active service.

The Board has granted service connection for tinnitus as incurred during active military service in the RVN, but denied service connection for a skin disability and right knee disability on the basis of lack of evidence linking these conditions to service.

The Veteran's appeal is being remanded for additional development to determine the current severity of his service-connected knee disabilities and to obtain any outstanding medical records.

The Board found that the Veteran's right knee disorder was not incurred in or aggravated by service and denied his claim.

The Veteran's appeal is being remanded for a videoconference hearing at the RO to address his claims of increased disability ratings for right and left knee patellofemoral pain syndrome, as well as carpal tunnel syndrome in both wrists.

The Veteran's claims for service connection for an abdominal scar resulting from a Cesarean section and a right knee disorder have been denied as there is no evidence of current diagnoses or chronic conditions during her active duty service.

The Veteran's right knee disability is exceptional and causes marked interference with employment, warranting a 100% rating. The temporary total rating for left knee surgeries has been granted. However, the claim for TDIU is moot due to the Veteran's current employment status.

The Veteran's service-connected disabilities do not render him unemployable, and his claim for a TDIU is denied.

The Veteran's claim for increased ratings for her left knee disability and gouty arthritis of the left foot was denied. The Board found that she did not meet the criteria for a rating in excess of 20 percent for her left knee disability, as her range of motion was within normal limits with no instability.

The Veteran's appeal is being remanded for further development of his claims for service connection related to left ear hearing loss, bilateral knee disability, and chronic ear infections.

The Veteran's appeal is being remanded to obtain additional evidence and ensure proper notice has been provided. The claims for PTSD, hepatitis C, and right knee injury residuals will be reconsidered.

The Board has determined that the Veteran's claims for increased ratings have been denied as there is no evidence of additional disability warranting a higher rating.

The Veteran's low back disability is rated at 40 percent, effective January 12, 2005. His left knee disability remains at a noncompensable rating. The claim for an earlier effective date for the migraine headaches with syncope was granted and set to August 19, 2002.

The Board denied the Veteran's claims for ratings higher than 10 percent for left knee arthritis and 30 percent for left knee instability.

The Veteran's left knee disability, which included degenerative arthritis and some instability, was initially rated at 20 percent prior to November 15, 2005. After surgery in November 2005, the rating was increased to 10 percent effective January 1, 2006.

The Board has reopened the claim of entitlement to service connection for a lumbar spine condition. The Veteran's bilateral knee disabilities are also being evaluated, and a new VA examination is needed to assess their current severity.

The Veteran's appeal for service connection for a right leg disability, right ankle disability, and left hand disability has been dismissed due to the Veteran withdrawing his appeal concerning the issues of entitlement to service connection for a right ankle disability and a left hand disability.

The Veteran's claim for service connection for left knee arthritis was denied. The claims for extension of temporary total disability ratings (TTR) for the right knee were also denied.

The Veteran died in October 2005 from intracranial hemorrhage due to, or as a consequence of, hypertension. The RO will need to provide proper notice and obtain a medical opinion regarding the cause of death and its relation to service-connected conditions.