Knee decisions — 2010

The Board denied the Veteran's request to reopen his claim, finding that new and material evidence was not submitted. The previous determination that injuries sustained by the Veteran in a motor vehicle accident on or about April 14, 1982, were not incurred in LOD is considered final.

The Board denied the Veteran's claims for increased ratings for his service-connected right and left knee patella femoral pain syndrome, finding that the evidence did not support a rating in excess of 10 percent.

The Veteran's left knee condition has been rated at 30 percent, and her cervical condition has also met the criteria for a 30 percent rating. Both conditions are currently rated under the direct service connection theory.

The Board has denied the Veteran's claims for service connection for a left knee disability and PTSD. The effective date of the cervical spine rating remains under review.

The Board found no competent or credible evidence supporting a continuity of left knee symptomatology since an alleged in-service knee injury, and there is no current diagnosis of a left knee disorder. Therefore, the claim for service connection was denied.

The Veteran's left knee disability, characterized by traumatic arthritis with instability, is currently rated at 30 percent. The Board has determined that the Veteran meets the criteria for a TDIU due to his service-connected disabilities.

The Board has determined that the Veteran's service-connected right and left knee disabilities do not warrant a higher disability rating based on the current evidence of record.

The Veteran's claims for service connection for a right leg disability, heart disability, and degenerative arthritis of the right knee were denied. The claim for increased rating for superficial scar was also denied.

The Veteran's appeal is being remanded to obtain updated treatment records and a VA examination of his left knee. The goal is to determine the severity of his service-connected left knee disability, including range of motion findings.

The Board found that the appellant does not have a current left knee disability, to include DJD, that is service-connected. The Board concluded that the February 1967 injury did not result in a chronic condition and there was no evidence of arthritis within one year post-service.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private medical records, a new orthopedic examination, and corrective VCAA notice regarding the sinusitis claim.

The Veteran's accrued benefits claims for various conditions were denied. The Veteran did not have service-connected disabilities that resulted in a rating greater than the assigned percentages, and there was no evidence of exposure to herbicide agents or other presumptive conditions.

The Board has determined that the Veteran's claims for service connection for left and right ankle disorders, as well as left and right knee disorders, are denied. The evidence does not support a finding of in-service injury or disease related to these conditions.

The Board has granted an increased evaluation to 20 percent for the Veteran's right knee disability, including a separate 10 percent evaluation for loss of extension. The current 10 percent rating for impairment of the knee remains in effect.

The Veteran's claim for service connection for bilateral hearing loss was denied as the current condition is not related to service. The claims for secondary service connection for back disability, bilateral knee disability, and circulatory condition of the feet are also denied due to lack of evidence linking these conditions to service.

The Veteran's death was due to atherosclerotic disease, and the appellant is not eligible for additional DIC benefits under 38 U.S.C.A. § 1311(a)(2) because her marriage to the Veteran did not meet the legal requirements.

The Veteran's claim for an initial compensable disability evaluation for his service-connected right knee medial meniscus tear is being remanded due to the need for a new VA examination to assess the current level of severity of his condition.

The Board has determined that the Veteran's right knee disability is related to his active service and has granted service connection for this condition.

The Veteran's claim for an initial compensable rating for his right knee disability is being remanded due to the need for additional medical examination and consideration of outstanding VA medical records.

The Veteran's claim for nonservice-connected pension benefits is being remanded due to the need for additional development, including obtaining medical records and scheduling examinations.