Knee decisions — 2009

The Veteran's right and left knee disabilities have been granted service connection, but the initial ratings assigned are 10 percent for each knee.

The Veteran's appeal is remanded for obtaining his medical records from the Cleveland VA medical center and Dr. H.T., M.D., as well as scheduling a VA examination to determine the etiology of his sleep apnea.

The Veteran's claim for special monthly pension based on the need for aid and attendance of another person or being homebound is remanded due to conflicting evidence regarding his ability to perform daily activities and require assistance.

The Veteran's claims for service connection on appeal are being remanded due to incomplete records and the need for further examination.

The Board denied the Veteran's claims of entitlement to service connection for degenerative arthritis of the right knee, osteoarthritis of the left knee, and a low back disability, finding that such conditions were not incurred or aggravated by active service.

The Board has ordered the VA to search for outpatient treatment records related to the Veteran's knee injuries from July 1963 to December 1975. The case is now remanded for further action.

The Board denied the Veteran's claims of service connection for various conditions, including TBI and schizophrenia, as new and material evidence had not been received to reopen these claims. The claim for an eye disability was also denied.

The Veteran's claim for TDIU prior to June 5, 2002 was denied as there is no legal basis due to the unemployability being primarily due to his service-connected psychological disorders.

The Board has remanded the case due to incomplete service treatment records and further efforts are required to obtain these records.

The Board denied the Veteran's claims for service connection for left and right knee disorders, finding no evidence of a current disability related to active duty service.

The Board denied the Veteran's claims for service connection for hypertension, a low back disorder, and knee disorders. The decision also addressed whether new and material evidence had been received to reopen his claim of service connection for a low back strain.

The Veteran's claim for service connection for prostatitis and right knee disorder was denied. The claim to reopen a torn right medial meniscus was granted, but the issue of service connection remains denied due to aggravation of a pre-existing condition.

The Board has determined that the evidence received since the June 1995 rating decision does not raise a reasonable possibility of substantiating the claim of service connection for bilateral knee disability, and thus new and material evidence has not been submitted. As such, the claim has not been reopened.

The Board has reopened the claims for service connection for chronic bilateral hip disorder, low back disorder, and right foot disorder secondary to left ankle fracture. However, these claims were ultimately denied as there is no evidence of a direct relationship between the claimed conditions and active military service.

The Veteran's right and left knee disabilities were not incurred or aggravated by service, and the Board denied both claims.

The Veteran's claim for a total disability evaluation based on individual unemployability (TDIU) is denied as there is no factually ascertainable evidence of an increase in the severity of his service-connected conditions within one year prior to October 22, 2001.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records.

The Board denied the Veteran's claims for service connection for right knee and low back disorders, finding that these conditions were not caused or made worse by his service-connected left knee disability.

The Board found that the Veteran's knee injury in service was not chronic and there is no continuity of symptoms since discharge. The claim for bilateral hearing loss was remanded.

The Veteran's claim for service connection is being remanded due to the need for additional development, including a VA examination and medical opinion regarding the etiology of all claimed conditions.