Knee decisions — 2009

The Board denied the Veteran's claims for increased rating and reopening of service connection claims due to lack of evidence supporting a higher rating or new, material evidence.

The Veteran's appeal is being remanded for further examination and opinion regarding his service-connected conditions, specifically the residuals of adenocarcinoma of the common bile duct and right knee disability. The claims will be adjudicated again after this additional development.

The Board has dismissed the appeal due to the appellant's death, and no decision was made on the merits of the claims.

The Veteran's claims for service connection have been denied. The Board found that the earliest evidence of a claim for bilateral plantar fasciitis was received on April 18, 2006.

The Veteran's appeal is being remanded for a Board hearing at the RO.

The Veteran's initial evaluations for his knee disabilities have been granted, with the highest ratings of 40 percent assigned for both knees on or after September 16, 2008.

The Veteran's claim for special monthly pension based on need for aid and attendance or housebound status is being remanded due to the need for additional evidence, including SSA disability benefits records.

The Board found that the Veteran's heart problems are not related to service or secondary to his service-connected left knee disability. The Veteran was also determined not to be in need of aid and attendance or housebound status due to his service-connected disabilities.

The Board has determined that the Veteran's right knee disorder is service-connected, as it was present in service and persists to this day.

The Veteran's right knee disability, resulting from a total knee replacement surgery on October 14, 2008, is rated at 100 percent effective that date. He also has arthritis associated with his service-connected residuals of a right knee meniscectomy and is entitled to an additional 10 percent rating for this condition.

The Veteran's initial disability ratings for his thoracolumbar sprain and patellofemoral syndrome of the right and left knees were denied. The Veteran was granted a higher rating of 10 percent for patellofemoral syndrome of the right knee, effective November 23, 2004.

The Board found that the Veteran's left knee arthritis, requiring a total knee replacement, was not caused or aggravated by his service-connected right knee disability.

The Veteran's appeal has been dismissed as he withdrew his claims for service connection of a right (dominant) shoulder disability, a right forearm disability, a right knee disability and a bilateral foot disability, to include chronic disability manifested by swollen right foot.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a Travel Board hearing.

The Veteran's service-connected arthritis of the left knee is currently rated at 30 percent, which reflects the severity of his symptoms and functional impairment.

The Veteran's claim for an increased rating for his left knee disability was denied, and the issue of service connection for a right knee condition was also denied.

The Veteran's appeal is being remanded due to an unresolved claim of clear and unmistakable error (CUE) in a previous rating decision denying service connection for his left knee disability. The effective date claim will be readjudicated after the CUE claim is resolved.

The Board denied service connection for a right knee disorder and tinnitus, finding that the evidence did not support a link between these conditions and military service.

The Board has determined that the Veteran's claimed conditions are not related to his military service and therefore denied both claims for service connection.

The Veteran's service-connected right knee, left knee, and low back disabilities are being reviewed to determine if they prevent him from securing and following substantially gainful employment.