Knee decisions — 2009

The Board denied the appellant's claims of entitlement to service connection for left knee and low back disabilities, finding that there was insufficient evidence linking these conditions to his time in service.

The Board determined that a right knee disability, including internal derangement of the right knee, was not incurred in or aggravated by service and is unrelated to an injury, disease, or event of service origin. The Board also found that the current right knee disability is not caused by or made worse by the service-connected internal derangement of the left knee.

The Board has remanded the case for further development, including scheduling a VA examination to determine the current severity of the service-connected ankle conditions and to assess whether there is an etiological relationship between the service-connected ankle conditions and arthritis of the hips and knees. The Veteran's claims for higher ratings for his ankle disabilities and service connection for arthritis of the hips and knees are pending.

The Board has granted a 40 percent rating for each hip disability effective from March 21, 2007. The earlier effective dates for the increased ratings of the hips are denied.

The Board has determined that further development is needed to address the Veteran's claims for service connection of left knee, dermatological, and respiratory disorders. The case is REMANDED for additional development.

The Veteran's claim for a higher rating and effective date for left knee disability was granted. Effective January 15, 2003, the Veteran is rated at 10% for his left knee disability.

The Board has determined that the Veteran's right knee condition is not secondary to his service-connected left knee and left ankle disabilities, and therefore denied his claim for service connection. The TDIU issue was also denied.

The Veteran seeks service connection for multiple disabilities, including a torn rotator cuff of the right shoulder, right knee meniscus tear, chronic back disorder, and left leg disability. The appeal is being remanded to obtain additional medical opinions regarding the etiology of these conditions.

The Veteran's multiple sclerosis is found to have begun during her active service, and she is granted service connection for this condition.

The Veteran's service-connected conditions do not render her in need of regular aid and attendance, as she can manage most of her daily personal needs without assistance.

The Board has determined that there is no competent and credible evidence establishing a right knee injury during active duty or training, thus denying the claim for service connection.

The Veteran's death was not service-connected, but he had a service-connected condition rated at 60% that prevented him from working. The claim for DIC under 38 U.S.C.A. § 1318 is denied as the criteria are not met.

The Veteran's service-connected disabilities do not render him unemployable as a result of his ability to engage in sedentary work.

The Veteran's left knee disability, which includes a laceration and degenerative joint disease, is not rated higher than the current 10% due to lack of limitation in range of motion or instability.

The Board has determined that the Veteran's left knee and low back disorders are not related to his service-connected left fifth metatarsal fracture, and therefore denied both claims for service connection.

The Board denied the Veteran's claims for service connection for bilateral hearing loss and a rating in excess of 10 percent for his right knee disability. The claim for diabetes mellitus was referred to the RO.

The Veteran's right knee disability is evaluated at 10 percent, and his tinnitus claim for service connection was denied.

The Veteran's claims for service connection and initial compensable disability ratings for his left knee disorder, rhinitis, and GERD were granted. He is currently assigned a noncompensable (0%) rating for each of these conditions.

The Veteran's service-connected disabilities meet the percentage rating standards for TDIU and his claim is granted. The effective date of this decision is June 20, 2006.

The Veteran's claims for increased ratings for right knee disability, tinnitus, and bilateral hearing loss have been denied as the maximum schedular rating of 10 percent is already assigned for each condition.