Knee decisions — 2009

The Veteran's claim for an automobile or other conveyance and adaptive equipment under the provisions of 38 U.S.C.A. Chapter 39 is being remanded due to outstanding VA treatment records and the need for additional orthopedic and neurological examinations.

The Board has remanded the case to consider the Veteran's informal claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, as it was not addressed in the previous decision.

The Board has remanded the case for further development regarding service connection claims due to exposure to ionizing radiation, including an examination of the Veteran's occupational history and potential exposure.

The Veteran's appeal of the issues related to his right knee disability and TDIU has been withdrawn, resulting in the dismissal of these claims.

The Board denied the Veteran's claims for service connection and increased evaluations, finding that new evidence did not reopen his earlier claim for a prior effective date. The Veteran's low back disability was found to be less than severely disabling, and no direct or secondary incurrence of left knee or leg/ankle disorders were established.

The Veteran's claim for a TDIU is being remanded due to the need for additional evidence and development, including obtaining VA treatment records from May 2006 to March 2008 and scheduling a VA medical examination.

The Board denied the Veteran's claims of entitlement to service connection for a left knee disorder and an initial rating in excess of 10 percent for his chronic right ankle sprain. The Veteran did not have a left knee disorder that was incurred or aggravated by service, nor is it linked to his service-connected right ankle condition.

The Board has determined that there is no current right knee disability and thus, service connection for a right knee condition cannot be granted.

The Veteran's bilateral knee sprain is found to be causally related to his active duty service, warranting the grant of service connection.

The Board has remanded the case due to outstanding service treatment records and a need for further examination.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and providing the appellant with proper notice under 38 U.S.C.A. §§ 5102, 5103, and 5103A.

The Veteran's right knee pain due to strain is manifested by flexion to 142 degrees with pain and extension to 0 degrees without additional functional loss. The criteria for a higher rating under the applicable VA Rating Schedule have not been met.

The Board found that there is no competent medical evidence linking the Veteran's current disabilities (bilateral shin splints, left knee disability, respiratory disability, and hemorrhoids) to his military service. Therefore, the claims for these conditions were denied.

The Veteran's claim for an increased evaluation and a temporary total evaluation based on his left knee disability was denied. The Board found that the evidence did not support an increase in the current 20 percent rating, nor did it meet the criteria for a temporary total evaluation.

The Board has determined that the Veteran does not have current disabilities of his right shoulder, groin, testes, or left knee. For the lumbar spine condition, while a current disability is present, there is no evidence to support service connection due to lack of in-service incurrence and insufficient medical nexus evidence.

The Veteran's right knee disability has been manifested by limited range of motion and traumatic osteoarthritic changes superimposed with rheumatoid arthritis. The Board found that the evidence does not support a higher rating for his right knee disability, but did find a separate compensable rating for arthritis.

The Veteran's claim for an increased evaluation in excess of 10 percent for osteoarthritis of the right knee was denied as there is no evidence of instability or impairment to the tibia and fibula, and the current disability is rated under a 'direct' service connection theory.

The Veteran's claim for a higher initial rating for bilateral hearing loss has been granted, but no supplemental statement of the case was issued. The VA is required to schedule him for a VA examination to determine if his degenerative joint disease of the left knee is related to service.

The Board found no evidence to support the appellant's claims for service connection for psychiatric, bilateral foot, right knee, and bilateral hearing loss disabilities. The appeals were denied as direct service connection was not established.

The Board denied the Veteran's claims for service connection for bronchial asthma, a rating in excess of 20 percent for degenerative disc disease at L4-L5, L5-S1, and a rating in excess of 10 percent for right knee strain.