Knee decisions — 2009

The Board found that the Veteran's right knee disability was not incurred in or aggravated by active service and is not proximately due to, the result of, or aggravated by a service-connected disease or injury. As such, the claim for service connection for a right knee disability was denied.

The Board has determined that the Veteran's current low back and bilateral knee conditions are not related to her period of service.,Therefore, the criteria for service connection on a direct incurrence basis or secondary as due to or aggravated by a service-connected disability are not met.

The Veteran's service-connected left knee disability is currently rated as 10 percent disabling. The Veteran's service-connected lumbar spine disability, prior to June 11, 2004, was also rated as 10 percent disabling. However, since June 11, 2004, the disability has been rated as 10 percent disabling. Service connection for sleep apnea is not addressed in this decision.

The Veteran's appeal is denied as the claims for service connection and increased rating have not been substantiated by new and material evidence, and the effective date of TDIU remains at December 17, 1998.

The Board has determined that new and material evidence was not submitted to reopen the claim for service connection for arthritis of the left knee. The Veteran's claims for epicondylitis of the left elbow and carpal tunnel syndrome of the left wrist were also denied as they are not related to his military service.

The appellant has withdrawn his appeals for the issues of entitlement to service connection for hepatitis C, whether new and material evidence has been submitted to reopen claim of entitlement to service connection for a right knee disorder, and entitlement to an evaluation in excess of 20 percent for residuals of right ankle fracture, status post-open reduction internal fixation.

The Veteran's appeal is being remanded for additional development, including obtaining updated medical records and conducting a VA examination to assess the current severity of his service-connected disabilities.

The Board has determined that a VA examination is needed to address the Veteran's claim for service connection for osteoarthritis, left knee, postoperative and whether it is proximately due to or permanently aggravated by his service-connected right knee disability.

The Veteran does not have a current diagnosis of a left knee disorder and therefore cannot establish service connection for this condition.

The Board has determined that the appellant's osteoarthritis of the left knee, back (lumbar spine), and left ankle are proximately due to or the result of his service-connected right knee disability. Therefore, these conditions have been granted as secondary to the service-connected condition.

The Veteran's DJD of the left knee is currently rated at 10 percent, and his s/p hernia repair with tender scar prior to August 5, 2008 was also granted a 10 percent rating. However, beginning on or after August 5, 2008, he received an increased evaluation to 30 percent for the same condition.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for failed back syndrome with degenerative joint disease and arachnoiditis as secondary to his service-connected left knee disability, and right knee degenerative joint disease. The claim is granted.

The Veteran's appeal is remanded for additional development, including obtaining private medical records and scheduling a VA examination to assess the severity of his right knee disability.

The Board is remanding the case for additional development, including obtaining STRs and a medical opinion regarding whether cold injury residuals from service contributed to the Veteran's death.

The Veteran died of malignant melanoma, a condition not service-connected. His death is not considered to be due to any service-connected disability.

The Board is requesting additional development to determine if the Veteran's left knee and lumbar spine disabilities are proximately due to or aggravated by his service-connected right knee disability, as well as whether these conditions have been caused by his service-connected right knee.

The Veteran's claims for increased ratings are being remanded to the RO for further action.

The VA Chief Benefits Director denied an extraschedular rating for the Veteran's service-connected left knee disability due to the current ratings adequately compensating the degree of disability shown.

The Board has determined that the Veteran's current left knee and left ankle disorders are not proximately due to, the result of, or chronically aggravated by his service-connected chronic lumbar syndrome with degenerative disc disease.

The Veteran's arthritis of the right and left knees, claimed as grade II chondromalacia, was rated at a combined 10 percent from August 1, 2004 to February 10, 2009. Since February 11, 2009, he is entitled to separate 10 percent ratings for each knee.