Knee decisions — 2010

The Veteran's death was not caused by his service-connected conditions, and he did not meet the requirements for DIC benefits under 38 U.S.C.A. § 1318.

The Board has remanded the Veteran's claims for PTSD and left knee pain to obtain additional records, including unit history from his service in the Persian Gulf War. The Veteran will also be scheduled for a VA psychiatric examination to determine if he meets the criteria for PTSD due to verified stressors during service.

The Board has granted service connection for a chronic left hip condition, but denied service connection for chronic left knee and left ankle conditions due to lack of current diagnoses.

The Veteran's claims for service connection for a neurological disability of the right hand, and for higher ratings for bilateral pes planus, major depression, right and left knee disabilities, and right and left ankle disabilities were denied. The Board found that there was no evidence of a current neurological disability of the right hand, and that the Veteran did not meet the criteria for an initial compensable rating or increased ratings for his service-connected bilateral pes planus, major depression, right and left knee disabilities, and right and left ankle disabilities.

The Veteran's right and left knee disabilities have been rated at 20 percent each since December 29, 1997.

The Board denied service connection for a right knee/right leg disability other than RSD with chondromalacia patella and bursitis, as well as for a left leg disability manifested by numbness and atrophy. The Veteran's claims were not supported by competent medical evidence.

The Veteran's claims for increased ratings for his right ankle and left knee disabilities were denied. The Board found that the current disability ratings adequately reflected the severity of the conditions.

The Veteran's claim for increased ratings for his right knee disability is being remanded to the RO for further development, including a VA examination and consideration of Diagnostic Code 5259.

The Veteran's service-connected left above-the-knee amputation did not meet the percentage requirements for a TDIU during the period from May 19, 1989, through December 31, 1995.

The Board found that the Veteran's bilateral knee disorders were not incurred in or aggravated by his military service and may not be presumed to have been incurred in service.

The Board found that the Veteran's right knee chondromalacia did not warrant a disability rating in excess of 10 percent, as his symptoms included arthritis with pain on motion and genu recurvatum, without ankylosis or instability.

The Veteran's appeal is being remanded due to the need for further development, including obtaining additional medical records and scheduling a VA examination. The issues on appeal are an increased rating for his right knee disorder and service connection for mental illness.

The Veteran has withdrawn his appeal for increased evaluations in all three issues. The Board does not have jurisdiction to consider the claim.

The Board is reopening the claim for service connection for a right knee disorder on the basis of new and material evidence. The Board is then remanding this claim to the RO, via the Appeals Management Center (AMC), for further development before readjudication on its underlying merits. The Board also is remanding the claim for service connection for a left knee disorder.

The Veteran's claims for service connection for diabetes mellitus, bilateral hearing loss, and degenerative joint disease of the right knee are being remanded due to incomplete evidence and need further examination.

The Veteran's claims for increased ratings of spondylolisthesis and right knee fracture were denied as the evidence did not meet the criteria for a higher rating under VA regulations. The Veteran's hearing loss and tinnitus claims were also denied.

The Veteran's appeals for service connection on the issues of bilateral hearing loss, chronic low back pain (L1-L3), and a bilateral ankle disability have been withdrawn.

The Board has determined that the Veteran's tinnitus, lumbar degenerative disc disease, and bilateral knee condition were not incurred or aggravated by service. The evidence does not support a finding of direct service connection for these conditions.

The Veteran is seeking service connection for a right knee disorder, which he claims is related to his left knee disorder. The Board has decided that additional development is needed due to the lack of records from East Orange VA facility and an opinion on whether the right knee disorder is secondary to a service-connected condition.

The Veteran's claim for a TDIU was denied as he did not meet the schedular criteria for a TDIU prior to July 12, 2007. The effective date of his TDIU is set at July 12, 2007.