Knee decisions — 2009

The Veteran's claims for service connection for left breast scar, right palmar scar, and right knee condition were denied. The denial was based on the lack of evidence showing a current diagnosis or symptoms related to these conditions.

The veteran's service connection for postoperative left shoulder bursitis and tendinopathy was granted, with a 10 percent evaluation initially assigned in October 2007. The evaluation was increased to 20 percent effective February 22, 2007.

The Board has determined that the Veteran's service-connected PTSD aggravated his congestive heart failure, which caused his death. Therefore, service connection for the cause of death is granted. The claim for DIC benefits under 38 U.S.C.A. § 1318 is also granted.

The Veteran's arthritis of the left knee, post-arthroplasty, has been manifested by left knee pain with limitation of motion but not severe painful motion or weakness in the left lower extremity. Therefore, an evaluation in excess of 30 percent is not warranted.

The Veteran's left knee disability is currently rated at 10 percent, and the Board finds that a higher rating is not warranted.

The Board has determined that new and material evidence has not been submitted to reopen the Veteran's claims for service connection for DJD of the right and left knees. As a result, these claims remain denied.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining an opinion from a VA examiner regarding whether his current right foot and knee disabilities are related to service.

The Veteran's right knee disability was rated at 20% prior to November 10, 2004 and increased to 40% thereafter. From September 10, 2008, the Veteran is now rated at 30% for instability of his right knee. The left knee disability remains at 20%. For hip strain, a compensable rating was granted.

The Board denied the Veteran's claims for service connection for a bilateral knee disorder, carpal tunnel syndrome, and an increased disability rating for lumbar spine osteoarthritis. The evidence received since the October 1997 final decision was not new or material to reopen the claim of service connection for a bilateral knee disorder.

The Veteran's service-connected left and right knee strains have been rated at 10 percent each, effective April 10, 2004.

The Veteran's appeal is remanded for additional development, including obtaining VA treatment records and a VA examination to assess the current level of disability in his right shoulder and knee. The issues include seeking an increased evaluation for his service-connected right shoulder condition and determining whether his arthritis of the right knee is related to service or service-connected synovitis.

The Board has granted service connection for left and right wrist disorders, left knee disorder, and sinusitis/pharyngitis. Service connection was denied for allergies, fatigue, gastroesophageal reflux disease (GERD), and bilateral pes planus.

The Board finds that the appellant's claims of entitlement to service connection for tinnitus, a right leg disorder, a right knee disorder, a right hip disorder, a left leg disorder, a left knee disorder and a left hip disorder are denied as there is no medical evidence showing these conditions were incurred or aggravated during active service.

The Board denied the Veteran's claims for higher ratings for his left knee and left ankle disorders, finding that the evidence did not meet the criteria for a rating in excess of 10 percent.

The Board denied the Veteran's claims for service connection for a left knee disability, right total knee arthroplasty, myopic astigmatism with presbyopia and tinnitus. The decision also noted that new and material evidence had been submitted to reopen the claim of entitlement to service connection for a left knee disability.

The Board has determined that the Veteran's bilateral ankle arthritis and left knee disability are related to his service-connected disabilities, specifically his fractures of the right and left talus. The Veteran's current conditions are not considered primary to his military service.

The Board denied service connection for left foot and right knee disabilities, but granted service connection for hemorrhoids with a 10% evaluation. The right knee disability was not found to be related to the left foot disability.

The Veteran's conditions do not meet the criteria for special monthly pension based on needing aid and attendance or being housebound.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to assess the severity of his right knee disability.

The Board has determined that service connection is warranted for a right elbow disorder and nonallergic rhinitis (sinus disorder), but not for the claimed bilateral knee disorders, cervical spine disorder, lumbosacral spine disorder, left hip ganglion cyst, left foot disorder, right ankle disorder, head concussion injury residuals, or vertigo.