Knee decisions — 2010

The Veteran's service-connected disabilities (residuals of a low back injury, bilateral pes planus, irritable bowel with constipation, right knee chondromalacia, and left knee chondromalacia) preclude her from securing and following substantially gainful employment consistent with her education and occupational experience.

The Board has determined that the Veteran's right knee disability is not related to his service-connected left knee and left ankle disabilities, and thus denied the claim for secondary service connection.

The Board has remanded the case for additional development and readjudication due to issues related to service connection for cause of death and entitlement to Dependency and Indemnity Compensation (DIC) pursuant to 38 U.S.C.A. § 1318.

The Board has granted service connection for a low back disability and a right knee patellar tendonitis, and has assigned a non-compensable rating for the left knee disability. The Veteran's current disabilities are found to be related to his military service.

The Veteran's appeal involves requests for higher initial ratings following awards of service connection for right and left ankle and knee disabilities. The RO has remanded the case due to failure to provide proper notice regarding a scheduled Travel Board hearing.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining personnel records and medical opinions.

The Board has granted service connection for the Veteran's low back disability and bilateral knee arthritis, finding that new and material evidence was received to reopen these claims. The TDIU claim is also granted.

The Board has granted service connection for a left knee disability, including osteoarthritis and meniscectomy residuals. The Veteran's claim for an increased rating for the bruised left knee is also addressed.

The Board has determined that the Veteran did not sustain additional disability due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA treatment. Therefore, compensation under 38 U.S.C.A. § 1151 is denied for both issues.

The Board found that the Veteran's claimed right knee disability is not related to service and denied his claim for service connection.

The Board has denied reopening the Veteran's claim for service connection for a right knee disorder due to lack of new and material evidence. The issue remains on appeal as it is considered reopened.

The Veteran's claim for an increased evaluation of his degenerative arthritis of the lumbosacral spine with pain and radiculopathy was denied. His current combined disability rating is 50 percent, which does not meet the criteria for a higher evaluation.

The Veteran's claim for an earlier effective date of August 2, 2003 for a separate rating of 10 percent for arthritis in the right knee is granted.

The Board has determined that the Veteran's preexisting bilateral knee arthritis was aggravated by his military service, and therefore grants service connection for this condition.

The Board has determined that the case should be returned to the RO for further action, including affording the Veteran's representative an opportunity to review the claims folder and submit a VA Form 646 on his behalf.

The Veteran's depression and right knee disorder were not found to be related to his military service or a service-connected condition, leading to the denial of both claims.

The Veteran's left knee replacement has been rated at 30 percent since June 1, 2007. The Board found that the current disability does not warrant a higher rating.

The Veteran's claims for service connection have been granted for degenerative disc disease of the lumbar spine with spinal stenosis, a cervical spine disability (claimed as neck pain), and a neurologic disability of the legs (numbness and tingling). Service connection is also established for cardiovascular disability (chest pain).

The Board found that the severance of service connection for left knee osteoarthritis, right hip osteoarthritis, and intervertebral disc syndrome of the thoracic and lumbar spine was improper.

The Board has dismissed the appeal of entitlement to service connection for bilateral hearing loss and whether new and material evidence had been received to reopen the claim of entitlement to compensation pursuant to 38 U.S.C.A. § 1151 for bilateral foot disability arising from VA treatment on March 1, 1999 due to withdrawal by the Veteran at a Board hearing held on April 28, 2010.