Knee decisions — 2009

The Board has reopened the claim of entitlement to service connection for a bilateral knee disorder and granted it, finding that new and material evidence had been submitted.

The Board has reopened the Veteran's claim and granted service connection for a right knee disorder, finding that there is reasonable doubt in favor of the Veteran.

The Board denied service connection for the cause of the Veteran's death, finding that his service-connected disabilities did not contribute substantially or materially to his death.

The Veteran's tinnitus is service-connected as it is a result of noise exposure during his active duty as a helicopter pilot. The back disorder and gout are also service-connected, with the latter being linked to active duty service. The initial rating for ingrown toenail remains noncompensable.

The Board has remanded the case for further development due to incomplete information and potential errors in the record.

The Board has remanded the case due to the need for additional VA and non-VA medical records regarding the Veteran's treatment.

The Veteran's right knee disability has been manifested by intermittent pain, occasional episodes of giving way and locking, full extension, flexion limited to no more than 120 degrees with pain, and some instability. The Board finds that the criteria for a rating in excess of 10 percent are not met.

The Board has decided to remand the Veteran's claim for service connection for a bilateral knee disorder due to incomplete medical records and need for further examination.

The Veteran's claims for increased ratings for left ankle fracture, right knee chondromalacia, and left knee chondromalacia were denied as the evidence did not show more than moderate limitation of motion or additional functional loss.

The Board has determined that the Veteran's stomach disability, to include acid stomach reflux, was not incurred in or aggravated by service.

The Veteran's appeal is being remanded due to the need for additional medical records and examinations, as well as VCAA notification regarding increased rating claims.

The Board found that the Veteran's current right knee disorder is of service origin and granted service connection.

The Board has determined that additional development is needed to address the Veteran's claims for service connection due to incomplete service records and conflicting medical opinions regarding the etiology of his hearing loss, tinnitus, right knee condition, and left knee condition.

The Veteran's right knee disorder was not shown to meet the criteria for a higher initial evaluation from July 3, 2003, to December 22, 2005. From December 23, 2005, he did not meet the criteria for a higher evaluation of 20 percent.

The Veteran's service-connected right and left knee disabilities are currently evaluated as 10 percent disabling each. The VA examinations show that the Veteran has complaints of pain, tenderness to palpation, and limited range of motion in both knees. However, there is no evidence of ankylosis or instability warranting higher ratings.

The Veteran's claims for service connection and increased ratings for his bilateral hearing loss were denied. The Board found no evidence linking the current disabilities to service or any service-connected conditions.

The Veteran's claim for an increased evaluation of his service-connected left knee disability was denied. The RO assigned a temporary total rating from February 12, 2004 to March 31, 2005 and then a permanent 60 percent evaluation effective April 1, 2005.

The Veteran's claims for service connection were denied as the preponderance of the evidence did not support a finding that any claimed conditions were incurred or aggravated by military service, including as due to an undiagnosed illness.

The Veteran's claim for an increased evaluation for her right knee disability has been denied. The current rating of 20 percent is based on moderate recurrent subluxation or lateral instability, which does not meet the criteria for a higher rating.

The Veteran is granted service connection for a left knee disability effective March 25, 1993, due to clear and unmistakable error in the December 17, 1993 rating decision.