Knee decisions — 2009

The Veteran's skin disorder of the face, scalp, and head area is attributable to service. The Board finds that pes planus, bronchitis, and arthritis of both knees are not related to service.

The Board found that the Veteran's right and left knee disabilities do not warrant evaluations in excess of 10 percent.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional medical examinations and consideration of recent treatment records.

The Veteran's claims for service connection were denied as new and material evidence was not submitted, and there is no current disability found to be related to his military service.

The Board found that the Veteran's left knee disorder existed prior to service and was not aggravated during service. The low back disorder is not shown to be related to his service-connected left knee disability.

The Veteran does not have a current right knee, left knee, cervical spine, shoulder, or low back disability that is shown to be related to active service. The Board finds clear and unmistakable evidence of the preexistence of these conditions prior to service.

The Veteran's right knee instability and arthritis have been rated at 30 percent since July 1, 2008. The medical evidence shows chronic residuals of pain and weakness following his May 2007 surgery.

The Board has determined that the evidence received since the last final denial of service connection for a left knee disability is not new and material, thus denying the Veteran's request to reopen his claim.

The Board has remanded the case for additional development due to inadequate reasoning in previous decisions and an incomplete VA examination.

The Veteran's claims for service connection are being remanded due to the need to obtain additional medical records and provide updated opinions from VA examiners.

The Board found that the Veteran's left knee condition existed prior to his service and was not aggravated by service, thus denying his claim for service connection.

The Board has determined that the Veteran does not have a current disability related to loss of use of either hand, bilateral knee disorder, low back disorder, respiratory disorder (sinusitis), or sleep apnea. The claim for service connection for an acquired psychiatric disorder is denied as there is no competent medical evidence showing such a condition was incurred in service.

The Board has reopened the claims for service connection for residuals of a left knee injury and chronic low back pain, which were previously denied. The Veteran's claim is granted as new and material evidence has been submitted. Service connection is established for these conditions. However, no rating assigned or effective date determined.

The Veteran's claim for service connection for a right knee disability secondary to his service-connected left knee disability has been reopened. The Veteran is also granted an increased rating of 30 percent for hepatitis C, effective from the date of the decision.

The Veteran's appeal is being remanded for further development, including a VA examination to assess the current severity of his service-connected bilateral knee disabilities.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, tinnitus, traumatic arthritis of the left knee, and a psychiatric disability including anxiety, depression, and psychosis. The evidence did not support a finding that these conditions were related to service.

The Board found that the Veteran's unsatisfactory conduct and cooperation in developing a rehabilitation plan, coupled with lack of mitigating circumstances, justified discontinuing his vocational rehabilitation benefits under Chapter 31.

The Board denied the Veteran's claims for increased evaluations for his left knee retropatellar pain syndrome and arthritis, finding that the evidence did not warrant a higher rating based on the severity of his symptoms.

The Veteran's service-connected disabilities include multiple knee conditions, a scalp laceration, and restrictive airway disease. The appeal is remanded due to the need for additional development of evidence regarding his new claims and VA examinations.

The Board found that the Appellant's current lumbar spine and right knee disorders are not service-connected, as there is no credible evidence of such conditions during his National Guard service.