Knee decisions — 2010

The Veteran's appeal has been withdrawn due to his request for withdrawal of the appeal on the issues of entitlement to service connection for a left knee disorder and service connection for a lumbar spine disorder.

The Board has determined that new and material evidence has not been received to reopen claims for service connection for right knee, left knee, lung, and back disabilities. The Veteran's current conditions are deemed unrelated to his military service.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to assess his claimed back and bilateral knee disorders. The claims of service connection for PTSD, left lower extremity disorder, and a rating in excess of 20 percent for right upper extremity parasthesias are also pending.

The Veteran's service-connected left foot disability is currently rated at the maximum schedular rating available. The Board finds that his degenerative joint disease of the left knee is proximately due to his service-connected left foot disability and grants service connection for this condition.

The Veteran's claims for service connection for a nervous disorder and bilateral knee disability have been denied as there is no evidence of current disabilities or a link to military service.

The Veteran's appeal is being remanded for a Travel Board hearing. The issues are about increased evaluation for osteoarthritis of the right knee and service connection for a low back disorder, which may be secondary to the right knee condition.

The Veteran moved to revise a Board decision denying an increased rating for his service-connected left knee disability, but the motion was dismissed without prejudice as it did not meet the requirements for clear and unmistakable error.

The Board has denied reopening the claims for service connection for an acquired psychiatric disorder and a right knee disorder due to lack of new and material evidence.

The Board dismissed the appeal due to the death of the appellant, and thus no jurisdiction remains to adjudicate the merits of the claim.

The Board has determined that the Veteran's low back, left knee, and right knee disabilities are not related to service. The preponderance of evidence shows these conditions were first manifested many years after service.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is being remanded for further consideration, including an evaluation of whether the issue warrants extraschedular consideration.

The Board denied an increased rating for the Veteran's right knee disability, maintaining the initial 10% rating assigned in July 2004.

The Veteran's service-connected left knee disability, rated as synovitis of the left knee, is not manifested by symptom combinations productive of definite impairment of health objectively supported by examination findings or incapacitating exacerbations occurring 3 or more times a year. The Veteran's left knee flexion is 0 to 60 degrees and extension is normal at 0 degrees.

The Veteran's claims for increased evaluations for degenerative disc disease of the lumbar spine and right knee chondromalacia patella were denied as there is no evidence of incapacitating episodes or separately compensable neurologic symptoms, and the functional limitations do not meet the criteria for a higher evaluation.

The Veteran's right knee condition has not improved, warranting restoration of a 20 percent rating.

The Board has determined that the Veteran does not have a lumbar spine degenerative disc disease, left knee osteoarthritis, or major depressive disorder that is related to his military service, including being secondary to a service-connected right knee disability. Therefore, these claims are denied.

The Veteran's claims for increased disability ratings for her service-connected left and right knee disabilities are being remanded due to the submission of new medical evidence, recent surgical procedures, and procedural issues.

The Veteran's appeal is remanded due to the addition of new evidence and the need for additional examinations. The issue remains about a rating for left knee tendonitis.

The Veteran's service-connected disabilities, including his spine, knee, and foot conditions, are found to be so severe that they prevent him from securing or maintaining substantially gainful employment. The Board has granted a TDIU rating.

The Board has granted a 60 percent disability rating for gouty arthritis of the multiple joints effective October 17, 2004. The decision also found that there was clear and unmistakable error in previous rating decisions.