Knee decisions — 2009

The Veteran's service-connected GSW to the right knee, evaluated as a right thigh muscle injury, is now rated at 40 percent, resolving reasonable doubt in his favor.

The Veteran is seeking service connection for bilateral leg, hip, and knee disabilities. The Board has also identified a potential low back disability as an issue to be addressed due to its relevance to the current claims.

The Board found no nexus between the Veteran's current lumbar spine disability and service, thus denying his claim for service connection.

The Board has determined that the Veteran's current bilateral knee disorder and skin disorder are service-connected due to aggravation of pre-existing conditions during active duty.

The Veteran's service-connected disabilities do not prevent him from securing or following substantially gainful employment.

The Board has determined that the Veteran's bilateral knee and left ankle disorders are not related to his military service or any service-connected disability, including his cervical spine with associated iliac crest donor graft sites at both hips. Therefore, these claims for service connection have been denied.

The Board has denied the Veteran's claims for service connection for residuals of a left knee and right foot injury, PTSD, an acquired psychiatric disability other than PTSD (major depressive disorder), a right knee disability, and kidney cancer. The denial is based on lack of new and material evidence to reopen the claim for residuals of a left knee and right foot injury, insufficient evidence of in-service stressors for PTSD, no current right knee disability, and no link between kidney cancer and active service or herbicide exposure.

The Board denied the appellant's claims for service connection for various conditions, including arthritis of the right knee and lumbar spine, residuals of a left ankle sprain, arthritis of the right shoulder, body cramps, hepatitis C, peripheral neuropathy of the lower extremities, hypertension, and coronary artery disease. The appeals were dismissed due to lack of evidence or insufficient material.

The Veteran's claims for increased evaluations and service connection were denied. The claim to reopen a back disability was also denied due to lack of new and material evidence.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to address the issues of service connection for a right knee disorder as secondary to lumbosacral spine disability and an increased rating for lumbosacral spine disability.

The Board has denied the Veteran's claims for service connection for a right knee disability and a back condition, finding that there is no evidence of a nexus to service.

The Veteran's claims for increased evaluation of his left knee disability and service connection for a right knee disability are being remanded due to the need for additional development.

The Board denied an initial disability rating in excess of 10 percent for the period prior to October 7, 2005, and granted a higher evaluation of 40 percent effective October 7, 2005.

The Veteran's claims for loss of sense of smell, bilateral shin splints, left knee cartilage deterioration, and acquired psychiatric disorder (depression) have been denied. The claim for asthma has been granted with a 30% evaluation but not higher.

The Board found that the Veteran does not have a current left shoulder disability and denied service connection for this condition. The right knee issue is pending as remanded by the Board.

The Veteran's appeal is granted, with an initial rating of 30 percent for residuals of a fracture of the right femur and financial assistance in the purchase of an automobile and adaptive equipment or for adaptive equipment.

The Veteran's service-connected disabilities, including obesity, have rendered him unable to dress or undress himself, keep himself clean and presentable, feed himself without assistance, attend to his wants of nature, or protect himself from the hazards of his environment. He is therefore in need of regular aid and attendance.

The Board found that the Veteran's current bilateral knee disability, including arthritis and total knee replacement, is less likely than not related to his service.

The Veteran's cause of death and DIC under 38 U.S.C.A. § 1318 claims are being remanded for additional development.

The Board found that there is no credible evidence of a continuity of symptomatology between the reported in-service injuries and the current diagnoses of knee and ankle strain, and thus denied service connection for right knee and left ankle disabilities.