Knee decisions — 2009

The Board denied the Veteran's claims for service connection for various conditions, including tinnitus, right and left ear hearing loss, a left knee disorder, arthritis of the right knee, low back disorder, allergy disorder, gastrointestinal disorder, and an acquired psychiatric disorder (to include PTSD), finding that there was no evidence of current disabilities or a link to active service.

The Veteran is seeking service connection for bilateral knee, hip and back disabilities that are claimed to be secondary to his service-connected bilateral ankle disabilities. The Board has determined that a remand is necessary due to the need for additional examinations and development of records.

The Veteran's claims of entitlement to service connection for a left knee disorder, left ankle disorder, low back disorder, and left foot pain were denied. The claim for the left ankle disorder was reopened but remained denied on the merits.

The Veteran's claims for increased evaluations for his low back, left shoulder, and left knee injuries were denied as the evidence did not meet the criteria for higher ratings under applicable VA rating criteria.

The Board has granted service connection for Multiple Sclerosis and an increased rating of 20 percent for Right Knee Disability. The Veteran's MS is presumed to have been incurred in service, while his right knee disability warrants a higher rating based on the severity of symptoms.

The Veteran's death was not service-connected, and the appellant is not eligible for DIC benefits under 38 U.S.C.A. § 1318 or accrued benefits.

The Veteran's bilateral foot dysethesias, pes planus, chronic sinusitis with headaches, and right knee chondromalacia are found to be related to his military service.

The Veteran's service-connected disabilities do not meet the criteria for financial assistance for the purchase of an automobile and adaptive equipment or adaptive equipment only.

The Board has reopened the claims for bilateral hip arthritis, left knee arthritis, and lumbar spine arthritis secondary to a service-connected right knee disability. The evidence presented is sufficient to establish that these conditions are related to the service-connected right knee disability.

The Veteran's service-connected disabilities do not result in loss or permanent loss of use of one or both feet, hands, vision, or ankylosis of knees or hips. Therefore, the criteria for VA financial assistance are not met.

The Veteran's severance pay was recouped from his VA disability compensation due to the law requiring it, and no legal merit exists for a different outcome.

The Veteran's PTSD is rated at 50 percent, effective from the date of the decision. The claim for service connection for a left knee disability has been reopened and is granted. Service connection for low back and sciatic nerve damage are also granted.

The Board has granted service connection for peripheral vascular disease of the lower extremities and above-the-knee amputation of the right leg. The Veteran's pancreatitis claim remains pending as there is insufficient evidence to determine its relationship to his service or any other condition.

The Veteran's service-connected conditions have been evaluated, and the Board has determined that a higher disability rating is not warranted for any of his claims.

The Board found that the Veteran's current right knee and right hip disabilities are not related to his service or a service-connected condition, and thus denied his claims.

The Board has reopened the claim for service connection for right knee disability due to new and material evidence submitted since the July 1995 rating decision. The Veteran's contentions are that his current right knee disability is related to a pre-existing condition from service.

The Board found that the Veteran's claimed knee, left shoulder, and right ankle disorders were not incurred in or aggravated by service. The evidence did not establish a nexus between his current disabilities and his military service.

The Veteran's left knee disorder and hypertension were not incurred in or aggravated by service.

The Veteran's claims for increased disability ratings for diabetes mellitus, traumatic arthritis of the left knee, and bilateral hearing loss are being remanded due to the need for additional VA examinations and evidence collection.

The Board has determined that new and material evidence was submitted to reopen the claim for service connection for bilateral degenerative joint disease of the knees, but denied the claim on its merits. The case is now remanded for further development.