Knee decisions — 2009

The Board has determined that the appellant's left knee disability is likely due to an injury sustained during his service with the National Guard, and thus grants service connection for this condition.

The Board denied service connection for lumbosacral strain, cervical spine arthritis, and right knee arthritis as secondary to a service-connected disability.

The Board has remanded the Veteran's claims due to the need for additional VA clinical documentation and consideration of relevant regulations.

The Board found no evidence of a relationship between the Veteran's current degenerative joint disease of the knees and his active service, including any incidents of falling from slick steel stairs/ladders. The claim for arthritis was not addressed as it is typically presumed to be related to service if present within one year after separation.

The Veteran's service connection claims for early degenerative arthritis of the left hip and bilateral knee disorder (joint pain) are denied as they do not meet the criteria for establishing service connection.

The Veteran's appeal is remanded for additional development, including obtaining VA treatment records and scheduling a new examination to assess the severity of his service-connected torn medial meniscus, right knee, post operative with instability.

The Veteran seeks service connection for a right knee disability, including total knee replacement. The claim is being remanded due to the submission of additional medical evidence that was not initially reviewed by the RO.

The Board has restored the Veteran's left knee instability rating from 20% to 20%, effective December 1, 2006.

The Board has determined that the Veteran withdrew his appeal for an increased compensable rating for bilateral hearing loss. The claim for an increased rating in excess of 20 percent for instability of the right knee is denied as there is no evidence of more than moderate instability, with negative Lachman's and McMurray tests, stability to anterior and posterior varus and valgus stress, and no X-ray evidence of fracture or dislocation. The claim for an increased rating in excess of 10 percent for traumatic arthritis of the right knee remains pending.

The Board found that the appellant's service-connected disabilities do not result in his inability to care for any of his daily personal needs without regular personal assistance from others, nor do they result in an inability to protect himself from the hazards and dangers of his daily environment. Therefore, he is not entitled to special monthly compensation (SMC) based on the need for regular aid and attendance.

The Board has remanded the case for scheduling a hearing at the local VA office.

The Board has remanded the case for additional development, including obtaining medical records and determining the Veteran's income for pension benefits.

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

The Veteran's service-connected bilateral knee disorders do not preclude him from obtaining and retaining all forms of substantially gainful employment consistent with his education and work experience.

The Board denied the Veteran's claim for service connection of a right knee disorder, finding that there is no competent medical evidence linking his current right knee disability to his military service. The arthritis was deemed age-appropriate and not related to service.

The Veteran's claims for increased ratings for his service-connected knee and spine disabilities have been denied. The RO found that the current evaluations adequately reflect the severity of these conditions.

The Board has determined that additional examinations and records are needed to properly adjudicate the appellant's claims for service connection.

The Board denied the Veteran's claims of entitlement to initial evaluations in excess of 10 percent for left knee disability and 20 percent for diabetes insipidus, finding that the evidence did not support a higher rating under any applicable diagnostic codes.

The Board has remanded the Veteran's claims for further development, including a medical opinion by a VA orthopedic specialist regarding his service-connected left knee and right hip disabilities. The claims will be adjudicated again once this development is completed.

The Veteran's claim for an initial rating in excess of 10 percent for a surgical scar associated with internal derangement of the right knee, traumatic arthritis was denied by the Board.