Knee decisions — 2009

The Veteran's claims for service connection and increased ratings were denied. The Board found no evidence of a chronic disability manifested by numbness of either hand/fingers, and the low back strain did not meet the criteria for higher ratings under VA regulations.

The Veteran's claim is being remanded for additional development, including obtaining treatment records and conducting VA examinations to assess the severity of his right knee disability. The Veteran may be eligible for a higher rating if he undergoes total knee replacement surgery.

The Board found no evidence to support service connection for the Veteran's back and right knee disabilities, as there was no in-service injury or disease linked to these conditions.

The Veteran's claim for service connection for a left knee disorder was denied. His claim for increased rating of residuals of head injury, headaches and dizziness was granted with an evaluation of 10 percent effective December 17, 2008. The Veteran withdrew his claim for compensation under the provisions of 38 U.S.C.A. § 1151 for vocal cord damage.

The Veteran's claims for increased evaluations of his right knee and right distal clavicle disabilities have been denied as the evidence does not meet the criteria for a higher evaluation under applicable rating codes.

The Veteran's right and left knee disabilities have been granted service connection, but the RO has not assigned any higher ratings as they do not meet the criteria for a rating in excess of 10 percent.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his service-connected disabilities and whether referral for extraschedular consideration may be warranted.

The Veteran's appeal for an increased evaluation for hypertension was withdrawn prior to the Board's decision. The right knee issue is being remanded for further development.

The Veteran has withdrawn his appeals regarding the increased evaluations for his service-connected osteoarthritis, left and right hips; chondromalacia patella and anterior cruciate ligament deficiency, left knee; and patello-femoral syndrome, right knee; as well as entitlement to TDIU.

The Board has reopened the Veteran's claims for service connection for a bilateral foot disability, a left knee disability, and a bilateral leg disability. The claim for service connection for a left knee disability is granted as it is etiologically related to an in-service disease or injury.

The VA determined that the Veteran's right knee disability was not incurred in service and any pre-existing condition did not worsen during service.

The Veteran's claims for psychiatric disorder, lumbar spine disability, bilateral hearing loss, tinnitus, inguinal hernias, Achilles tendonitis of the right foot, plantar fasciitis of the left foot, thoracic spine condition, erectile dysfunction, bilateral knee condition, and skin condition (psoriasis, warts, abscesses, cysts) have been reopened. Service connection has not been established for any of these conditions.

The Veteran's appeal is being remanded for further development, including VA examinations to determine the etiology of his tinnitus and left knee condition.

The Board found that the Veteran's current left knee, left shoulder, and neck disorders are not related to her military service. The VA examiner concluded these conditions are more likely due to a civilian motor vehicle accident in 2001.

The Board has remanded the claims for a VA opinion to determine if the Veteran's current right and left knee disabilities are related to service.

The Board has determined that the Veteran's bilateral knee disability is not related to service and cannot be presumed due to a disease or injury incurred in service. The preponderance of evidence does not support a finding that her current bilateral knee disability was caused by or aggravated by her service-connected shin splints.

The Veteran's service-connected right knee disability has been rated at 30 percent since June 3, 1998. The RO denied a higher rating for the disability.

The Veteran's left and right knee disabilities have been rated at 10 percent each, but the VA has determined that a higher rating is warranted based on additional symptoms not previously considered.

The Veteran's claims for increased ratings and a total rating based on individual unemployability due to service-connected disabilities were denied. The Board found that the evidence did not meet the criteria for an initial compensable evaluation, or any higher evaluations, for postoperative residuals of a right knee meniscectomy prior to February 14, 1976 and from February 14, 1976 onwards. For arthritis of the right knee with limitation of extension, the evidence did not meet the criteria for an initial evaluation in excess of 10 percent. The Veteran's combined service-connected disability rating was found to be sufficient to warrant a total rating based on individual unemployability as of October 4, 2004.

The Veteran's service-connected bilateral ankle, knee, low back strain and left sacroiliac joint strain disabilities have been granted initial disability ratings.