Knee decisions — 2009

The Board denied service connection for osteoarthritis of the hips, knees, and feet due to a lack of evidence linking these conditions to active military service.

The Board has remanded the case for further development, including obtaining a new medical examination to determine the current severity of fibromyalgia and any separate knee or elbow disability. The Veteran is also asked to provide any additional VA or non-VA treatment records.

The Board has ordered additional development to determine the exact date of the Veteran's unemployability due to service-connected disabilities, including a medical examination or opinion if necessary.

The Board denied the Veteran's claims for PTSD, paranoid schizophrenia, left knee disability, and psychosis for treatment purposes. The decision found that new evidence did not support reopening of the PTSD claim.

The Board found no evidence that the Veteran's current right knee disability is related to his military service, including a 35-foot fall from a mountain during active duty. The examiner opined that it was less likely as not that any current right knee disorder was caused by or resulted from any in-service disease or injury.

The Board denied service connection for left and right knee injuries, chronic headaches, and a low back disability. The Veteran's knee conditions are not considered to be directly related to his military service.

The Board found that the Veteran's right knee condition was not incurred in or aggravated by service and denied his claim for service connection.

The Board has determined that the Veteran's degenerative joint disease of the left knee was incurred in active service and grants service connection for this condition.

The Veteran's left knee disability is rated at 10 percent, effective November 1, 2003. The right shoulder condition remains rated at 20 percent.

The Veteran's service-connected right and left knee disabilities have been rated at 10 percent each, with no higher ratings warranted due to the current limitations of motion. The appeal is denied for both knees.

The Board found that the Veteran's peripheral vascular disease and right shoulder conditions are not service-connected, as there is no evidence linking these conditions to his active duty or any cold injuries during service.

The Veteran has withdrawn his appeals for increased ratings for right knee fracture and right knee laxity prior to September 20, 2006.

The Board has determined that the Veteran's claims for stomach and right knee disorders must be remanded for additional substantive development in compliance with applicable law relative to VA's duties to assist.

The Board has determined that the Veteran's postoperative residuals of left knee arthrotomy warrant a rating in excess of 20 percent, but due to procedural errors in reducing his rating from 20 percent to 10 percent, the reduction is void ab initio. The effective date for restoration of a 20 percent rating remains October 1, 2002.

The Veteran's service-connected dysthymic disorder and status-post left knee replacement did not cause his death, but the Board finds that he died as a result of a service-connected disability.

The Board found no evidence of a current lumbar spine condition or knee disabilities, and thus denied the Veteran's claims for service connection.

The Board has reopened the Veteran's claim of entitlement to service connection for a right knee condition and found that new and material evidence had been received. The Board also determined that the Veteran's preexisting right knee condition was aggravated during his active duty, and thus service connection is granted. For hypertension, the Board found no in-service event or disease, and concluded that it did not manifest within one year of separation from service, nor is there any link to service-connected diabetes mellitus.

The Board has remanded the case due to incomplete records and a need for further examination. The Veteran's claim will be reconsidered after these steps are completed.

The Board found that the evidence received since the October 1995 decision did not raise a reasonable possibility of substantiating the claim for service connection for left knee impairment, and denied reopening the claim. The Veteran's left femur impairment was also denied an increased rating as it did not meet the criteria for a compensable evaluation.

The Veteran's cause of death, congestive heart failure, is found to be related to his service-connected arthritis. The appellant does not meet the criteria for aid and attendance or housebound status.