Knee decisions — 2009

The Board has denied the Veteran's claims for service connection due to clear and unmistakable error in granting service connection for urinary frequency.

The Board has granted a TDIU rating of 100% effective from the date of claim, June 5, 1997.

The Veteran's right knee disability, including arthritis and instability, was granted a combined rating of 10 percent effective from the date of his July 2004 initial grant of service connection. The RO also awarded separate ratings for limitation of extension (20%) and loss of flexion (20%), effective May 22, 2009.

The Board denied the Veteran's claims for service connection for various conditions, including major depression with a sleep disorder, fatigue, bilateral knee, hand, and foot disorders, as well as joint and muscle pain. The evidence did not support a finding that these conditions were due to an undiagnosed illness or any other basis.

The Board denied a rating in excess of 20 percent for the Veteran's right knee disorder, finding that his symptoms did not warrant such an increase.

The Veteran's claims for initial compensable ratings for left knee patellofemoral pain syndrome and degenerative changes in the left knee have been denied as there is no evidence of instability or subluxation, and the range of motion is full.

The Veteran's service-connected right knee disability, rated at 60 percent disabling, satisfies the schedular requirements for a TDIU. The Veteran is unable to secure or follow substantially gainful employment due to his service-connected disabilities.

The Board denied the Veteran's claims for service connection for low back disability, cervical spine disability, bilateral wrist and hand disability (carpal tunnel syndrome), bilateral knee disability, and arthritis. The evidence did not support a finding of in-service onset or continuity of symptoms.

The VA denied the appellant's claims for increased evaluations and service connection for various conditions, including bilateral tinnitus, hearing loss, right ankle disorder, arthritis of the right ankle, lump masses throughout the body, residuals of a bilateral eye injury, multiple joint arthritis, right elbow condition, right knee disability, facial paralysis, and injuries to the tailbone and hips.

The Board has determined that the appellant's bilateral knee disabilities and bilateral hearing loss are not related to service, including his military service in Vietnam. The claims for service connection have been denied.

The Veteran's service-connected disabilities require the regular aid and attendance of another person, leading to a favorable decision for special monthly compensation based on need for regular aid and attendance.

The Board has remanded the case due to the need for a VA examination to address whether the Veteran's service-connected left ankle disability caused or aggravated his current left knee and left hip disabilities.

The Board has reopened the Veteran's claims for service connection for right and left knee disabilities, as well as low back and bilateral hip disabilities. The new evidence submitted since the final denial indicates current diagnoses of these conditions, raising a reasonable possibility of substantiating the claims.

The Board denied the appellant's claims for service connection for lumbago, bilateral hearing loss, tinnitus, and residuals of a right knee injury. The claim for diabetes mellitus, type II, was granted with an effective date of May 31, 2006.

The Veteran's appeal is remanded due to the need for additional development, including a new examination and consideration of submitted evidence.

The Board denied reopening the Veteran's claims for bilateral knee and low back disabilities due to lack of new and material evidence.

The Veteran's right knee condition is currently rated at 20 percent disabling due to arthritis with limitation of motion. His adjustment disorder with depressed mood has been granted a 30 percent rating effective October 16, 2006. The Board found that the evidence does not support an earlier effective date for the increased rating.

The Board found that new and material evidence had been received to reopen the claim of service connection for degenerative changes of the left knee, but denied the underlying claim as there was no indication that the current disability is related to service.

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

The Veteran's claims are being remanded due to the need for a VA examination and further development of his service connection claims.