Knee decisions — 2009

The Board has remanded the Veteran's claims for additional development, including consideration of all applicable diagnostic codes and issuance of a supplemental statement of the case.

The Veteran's claim for a higher disability rating for his post-operative osteoarthroscopy of the left knee was denied as there is no objective evidence showing flexion limited to less than 85 degrees, which would warrant a higher rating.

The Veteran seeks service connection for a below the left knee amputation as secondary to his service-connected diabetes mellitus. The Board has ordered a remand due to incomplete medical opinions and requires a new VA examination to determine if the Veteran's service-connected diabetes mellitus aggravated his peripheral vascular disease, leading to the left leg amputation.

The Board denied the Veteran's claim of service connection for a right knee disability, concluding that it was not incurred or aggravated by his time in service.

The Veteran's claims for increased ratings for his service-connected right knee disability, allergic rhinitis, and residuals of a nasal septoplasty have been granted. However, he is not entitled to any additional compensation as there is no evidence of limitation of motion or other compensable symptoms in the knees.

The Veteran's bilateral pes planus and chondromalacia of the knees were found to be service-connected, with a current rating of 10% for each knee condition.

The Board denied the Veteran's request to reopen his claim for service connection for left knee arthritis and denied his request for a compensable rating for malaria. The Veteran did not receive a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities.

The Veteran's appeal is remanded due to the need for additional medical records and a VA examination to assess his right knee disability.

The Veteran's appeal has been withdrawn and thus the case is dismissed.

The Board has determined that the evidence is in equipoise, and grants service connection for right knee arthritis as it is found to be related to incidents of combat service.

The Board found that the Veteran's current left knee disabilities did not first manifest in service and are not causally related to service. The appeal is denied.

The Board has determined that the Veteran does not have a dental disability attributable to his active military service and therefore denied his claim for service connection. For the remaining issues, the Board finds in favor of the Veteran.

The Veteran's appeal is being remanded for further development, including obtaining VA and private medical records, as well as a new VA orthopedic examination to assess the severity of his service-connected right knee disability. The case may also be referred to the Director of Compensation and Pension Service for consideration of an extra-schedular TDIU rating.

The Veteran's appeal has been withdrawn and dismissed due to the request for a hearing being canceled.

The Veteran's service-connected disability and educational achievements have been deemed suitable for vocational rehabilitation in the field of international business management, resolving reasonable doubt in his favor.

The Veteran's claims for increased evaluations for service-connected left and right knee disabilities have been denied as the evidence does not support a higher evaluation under applicable rating criteria.

The Veteran's chronic pelvic pain and Bell's palsy are service connected. Her acquired psychiatric disorder (depression) is not service connected.

The Veteran's claims for a compensable rating for left ear hearing loss, service connection for right knee condition, and hypertension were denied. The Board found that the evidence did not support granting any of these claims.

The Board has determined that new and material evidence has been presented to reopen the claim for service connection for the cause of the Veteran's death. The appellant contends that the Veteran's service-connected left knee disability caused his fatal traffic accident, but the Board finds insufficient evidence to support this contention.

The Veteran's claim for an increased rating for his service-connected degenerative disc disease of the lumbar spine was granted, with a current rating of 20 percent effective as of March 17, 2009. The claims for increased ratings for chronic capsulitis of the left knee and left ankle were denied. TDIU is not addressed in this decision.