Knee decisions — 2009

The Board has remanded the case for further development, including scheduling a VA orthopedic examination to consider the appellant's entire medical history and disability picture. The issues of entitlement to service connection for right knee disorder, left knee disorder, and back disorder are being addressed in this context.

The Veteran's claims for increased ratings for his right and left knee disabilities, as well as his claim for a TDIU, were denied by the Board of Veterans' Appeals. The RO previously assigned a temporary total disability rating based on surgical or other treatment necessitating convalescence for the Veteran's service-connected left knee disability.

The Board has remanded the case for additional development, including obtaining SSA records and VA treatment records. The veteran's claim for service connection for a right knee disability will be reconsidered based on the new evidence.

The Board denied the Veteran's claims for increased ratings for his chondromalacia of the right and left knees, finding that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Veteran's right knee osteoarthritis is found to be aggravated by his service-connected left knee disability. His hypertension, however, was not incurred or aggravated in active service and is unrelated to his service-connected left knee disability.

The Board denied the appellant's claims for a total disability evaluation based on individual unemployability due to his service-connected disabilities from January 2, 2004, to March 3, 2005, and from December 1, 2005, to September 1, 2006.

The Board denied service connection for right hip and right knee disabilities, finding that the Veteran's current conditions were not related to her active service or any service-connected disability.

The Board denied the Veteran's claim for service connection for a left knee injury, finding no evidence of a nexus between his current disability and military service.

The Board has not decided the service connection claims for right and left shoulder disorders, right and left knee disorders, and a deviated nasal septum. The Veteran's claim is pending on appeal.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the preponderance of evidence did not support a finding of service connection or entitlement to an increased rating for any condition.

The Veteran's lumbar spine disability is rated at 20 percent, effective August 14, 2003. The initial ratings for left ankle sprain and right ankle sprain are both 10 percent, effective August 14, 2003. The initial rating for left knee arthritis remains at 10 percent, effective August 14, 2003.

The Veteran's claims for service connection for throat cancer, right knee arthritis, and right ankle disability were denied. The claim for left wrist disorder was remanded.

The Board has determined that there is no evidence of a chronic right knee disorder or hearing loss of the right ear during service, and post-service medical records do not show these conditions. Therefore, service connection for these conditions cannot be granted.

The Veteran's service-connected post traumatic deformity of the left lateral tibial plateau with knee pain is currently evaluated at 30 percent. The Board finds that a higher rating is not warranted prior to May 18, 2009 and as of and following May 18, 2009.

The Board finds that the Veteran does not meet the criteria for special monthly pension based on need for aid and attendance or housebound status due to his non-service-connected disabilities.

The Veteran's appeals for higher initial ratings for her right knee and left ankle disabilities have been dismissed due to her withdrawal of the appeal.

The Veteran's appeal is being remanded for further development, including a VA examination to determine the extent of any current disabilities and whether they are related to service.

The Veteran has submitted new and material evidence to reopen his claim of service connection for a right knee disability. However, the evidence does not establish current disability or link it to service.

The Veteran's left knee disability was rated at 30 percent from May 1, 2008 to the present. The Board found that his claim for higher ratings as of July 1, 2006 and May 1, 2008 were not supported by the evidence.

The Veteran's appeal was denied as his claims for increased ratings were not substantiated by the evidence of record.