Knee decisions — 2009

The Board remands the claims for service connection for multiple joint conditions to schedule an appropriate examination.

The appeal is remanded to the RO for scheduling a video conference hearing.

The Board denied the claims for eligibility of payment of attorney fees from past-due benefits arising from awards of service connection for right knee disability and major depressive disorder as secondary to right knee disability.

The Board denied the Veteran's claim for service connection for a bilateral knee disability as new and material evidence was not received to reopen the previously denied claim.

The appeal is remanded to the RO via the Appeals Management Center (AMC) in Washington, DC for scheduling of a videoconference hearing before a Veterans Law Judge.

The veteran's cervicodorsolumbosacral strain is manifested by no more than mild limitation of motion in any segment, and no significant neurological deficits; but with complaints of pain, sometimes significant. The patellar tendinitis of the left knee is manifested by complaints of pain at times reported to be severe; objectively the evidence shows no compensable limitation of motion and no instability.

The Board granted service connection for left knee osteoarthritis, resolving reasonable doubt in the Veteran's favor.

The appeal is remanded to the RO for additional development, including scheduling a hearing and obtaining SSA records.

The veteran's vocational goal of becoming a chef or obtaining a job in the field of culinary arts is suitable and reasonably feasible.

The Board denied an increased rating for the Veteran's service-connected left knee disability, finding that the evidence did not support a higher rating under the applicable criteria.

The Board grants service connection for a bilateral knee disability, left hip disability, and lumbar spine disability. The evidence is in relative equipoise regarding the left shoulder disability, but it cannot be granted due to lack of medical nexus.

The Veteran's right knee disability has been rated as 30 percent disabling for meniscectomy and patellectomy with traumatic arthritis, but the rating was increased to 20 percent effective September 16, 2008.

The Board denied service connection for numbness of the feet, an initial rating in excess of 10 percent for asthma and bronchitis, an initial rating in excess of 10 percent for right knee joint space narrowing, and an initial compensable rating for costochondritis.

The Board denied the appellant's claims for higher initial ratings, earlier effective dates and service connection for a heart condition.

The Veteran's claims for increased ratings and service connection were denied as the evidence did not support higher ratings or a grant of service connection.

The Board denied the Veteran's claims for higher initial evaluations for his right shoulder, right knee, and left knee disabilities.

The Board granted service connection for the cause of the Veteran's death, finding that his PTSD caused or contributed to his death.

The appeal was remanded to the RO for further development and review of the case, including allowing the Veteran's authorized representative to address the Veteran's request for a Travel Board hearing.

The Board finds that the Veteran's left knee disability, including status post left knee osteochondroma, arthralgia, genu valgus, and mild chronic strain, were incurred during active service.

The Veteran's claims for service connection for low back disability and asthma were reopened, but the claim for right knee disability was not. Service connection for diabetes mellitus secondary to asthma medication was denied.