Knee decisions — 2010

The Veteran's appeal is being remanded for another VA examination to assess her employability due to her service-connected disabilities.

The Board found that the Veteran's left knee disorder is unrelated to his active duty service and denied his claim for service connection.

The Board has determined that the Veteran's right knee disability warrants a 20 percent evaluation from December 31, 2009, forward.

The Board has granted service connection for a right knee disorder, rhinitis, and sinus disorder with headaches. Service connection is denied for deflection of the nasal septum and residuals of nose surgery (septectomy).

The Board found that the Veteran's current right knee disability did not begin in service, was not caused by any incident of service, and was not caused by or permanently worsened by his service-connected left knee disability.

The Board has determined that the Veteran's claims for service connection for osteoarthritis of the right knee and a medial meniscus tear of the left knee are denied as there is no competent evidence linking these conditions to his military service.

The Veteran is seeking service connection for a bilateral lower extremity disability, including knee instability, that he believes is related to his service-connected low back strain with residual chronic low back syndrome. The Board has determined that additional development is needed before the case can be properly adjudicated.

The Board has determined that new and material evidence was not received to reopen the Veteran's claims for service connection for bilateral knee disorder and back disorder. The claims were denied as there is no new evidence showing a chronic injury or aggravation of these conditions during service.

The Veteran's appeal is remanded due to the need for further development, including obtaining VA treatment records and scheduling a VA examination. The issues of entitlement to an increased rating for right knee degenerative joint disease and residuals of torn medial meniscus are also being addressed.

The Board has remanded the case for further development, including obtaining updated VA outpatient records and scheduling a VA orthopedic examination to assess the current severity of the Veteran's service-connected right and left knee conditions.

The Veteran's claims for initial compensable evaluations for her service-connected right hip fracture, left hip fractures, and left knee degenerative joint disease are being remanded due to the need for additional medical examinations.

The Board has determined that the Veteran's right knee and right hip disorders are not related to his military service, as there is no evidence of such conditions during or within one year after service discharge. The claims for service connection have been denied.

The Board has determined that the Veteran's low back disorder was not incurred in or aggravated by service and arthritis of the lumbosacral spine may not be presumed to be. The claim for a left knee disorder is REMANDED due to the need for a VA examination.

The Veteran's service-connected conditions have been evaluated based on their current manifestations. The appeals for increased evaluations are denied as the evidence does not support a higher evaluation under applicable diagnostic codes.

The Board found that the Veteran's infection and subsequent revision of his left knee prosthesis were not caused by VA carelessness, negligence, or fault. The claim for compensation under 38 U.S.C.A. § 1151 was denied.

The Veteran's claim for an earlier effective date for service connection of a left knee disability is denied as there was no pending claim to reopen prior to December 13, 2004.

The Board denied service connection for residuals of torn cartilage of the left knee and an acquired psychiatric disability, claimed as a psychosis. The Veteran's claims were based on direct evidence from his military service.

The Board has reopened the Veteran's claim of entitlement to service connection for a bilateral knee disability and granted an extraschedular evaluation for his lumbar spine disability. The Veteran now has a 60% rating for his lumbar spine disability.

The Veteran's death was not prior to the negotiation of a check from VA, and no money owed by VA to the Veteran at the time of his death has been unpaid. Therefore, accrued benefits are not owed to the appellant.

The Board has granted service connection for right knee disability as secondary to the Veteran's service-connected low back disability, and assigned a 20 percent rating effective from December 12, 2000.