Knee decisions — 2009

The Board denied the reopening of the claim for service connection for a left knee disorder due to lack of new and material evidence.

The Veteran's appeal is being remanded to the RO due to a change in the hearing officer, and he has requested a new video conference hearing before the Board.

The Board found that the Veteran's current right knee disability was not caused by any incident of service and was not caused by or permanently worsened by his service-connected low back and cervical spine disabilities. Therefore, service connection for a right knee disability is denied.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation, thus his claim for TDIU is denied.

The Veteran's right knee patellar tendonitis and post-operative residuals are currently rated at 10 percent, which is the maximum schedular rating available. The Veteran's hypertension has been rated as 10 percent disabling since it requires continuous medication for control.

The Veteran's postoperative residuals of a right knee injury with arthritis are currently evaluated as 10 percent disabling. The Board finds that the current evaluation is appropriate given the lack of instability or subluxation and limited motion.

The Veteran's appeal for service connection for a right hip disorder, claimed as secondary to service connected right knee disability is dismissed due to withdrawal. The case is remanded for further development and readjudication of the remaining issues.

The Veteran's appeal is remanded due to the need for a VA examination and additional medical records, as well as further consideration of his claims.

The Board found that there is no evidence linking the Veteran's degenerative joint disease of the lumbar spine to his service or a service-connected disability, and thus denied the claim for service connection.

The Board found that the Veteran's degenerative joint disease of the knees and arthritis of the hips were not incurred in or aggravated by service, and may not be presumed to have been incurred therein. The claims are therefore denied.

The Veteran's claims for higher ratings and service connection were denied. The initial rating of 10 percent for the left femur fracture with intramedullary rod placement was upheld, as his disability does not meet criteria for a higher rating.

The Board has remanded the case for further action, including scheduling a hearing before the Board.

The Veteran's claims for increased ratings and service connection were denied. The RO provided the Veteran with multiple opportunities to submit evidence, but he failed to appear at scheduled VA examinations.

The Board has remanded the case for further development and clarification of issues related to temporary total evaluations, permanent total evaluations, and concurrent receipt of military retired pay and VA service-connected disability compensation.

The Board has denied the Veteran's claim of service connection for a left knee disability, finding that there is no current diagnosed disability and that any pain reported by the Veteran does not constitute a diagnosable condition.

The Board has granted service connection for a scar on the right knee, but remanded the issue of service connection for residuals of an in-service right knee injury other than a scar to the RO.

The Veteran's right knee disability is rated at 30 percent disabling from October 3, 2002, forward. His left knee disability is rated at 20 percent disabling as of September 17, 2008.

The Veteran's appeal is being remanded for further development, including obtaining a VA examination and issuing a Statement of the Case (SOC) regarding his left knee disability.

The Veteran's claims for service connection were denied, except for the reopening of a claim for low back disability and granting secondary service connection for right arm disability. Other claims were not supported by evidence.

The Veteran's claims for service connection are being remanded due to the failure to notify him of an October 2005 examination, and no examination was scheduled. The case will be readjudicated after any additional development is completed.