Knee decisions — 2010

The Veteran's arthritis of the lumbar spine, shoulders, hips, knees, ankles, and feet was not manifested in service or within one year postservice. The Board finds no evidence to support a nexus between his service-connected diabetes mellitus and his claimed disabilities.

The Board has denied the Veteran's claims for service connection for right shoulder pain, chronic back problems, and hypertension due to a lack of evidence showing these conditions were incurred during her period of active duty.

The Veteran's claim for initial compensable evaluation for bilateral hearing loss has been granted, with a rating of 10 percent. The claims for reopening service connection for postoperative degenerative disc disease of the lumbar spine and left shoulder disorder have also been granted. Service connection for vertigo is denied. The right hip arthritis claim remains pending as it was not addressed in this decision. The right knee arthritis and right ankle disorders are both rated at 20 percent.

The Veteran's claims for increased ratings of his left and right knee disabilities, as well as service connection for headaches and a stomach disability secondary to bilateral knee pain, were denied by the RO.

The Board has granted the Veteran's appeal for an increased rating for hemorrhoids and found that a timely substantive appeal was submitted with respect to the April 2004 denial of service connection for a bilateral knee disorder. The issue of service connection for a bilateral knee disorder remains pending.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining SSA records and VA examination reports.

The Veteran's herniated nucleus pulposus at L5-S1 is due to a disease or injury that was incurred in active duty.,The Veteran's right knee disability is due to a disease or injury that was incurred in active duty.

The VA denied the appellant's claims for higher evaluations for cervical spine, lumbar spine, right knee, and bilateral hearing loss disabilities. The current ratings are 10 percent each.

The Veteran's appeal is being remanded for further examination and development of his claims for service connection for right hip and knee disabilities.

The Veteran's service-connected left knee disability, characterized by residual instability and early osteoarthritis, does not warrant a higher initial rating than the current 10 percent assigned under Diagnostic Code 5259.

The Board has determined that the Veteran's neck, bilateral knee, and bilateral foot disorders are not related to military service or a service-connected disability. The initial evaluation for lumbosacral strain is granted at 20%.

The Board has remanded the case for further proceedings due to inadequate medical examinations and a need for clarification of the severity of the appellant's service-connected patellofemoral pain syndrome, as well as the nature and etiology of any low back and right knee disabilities.

The Veteran's service-connected left knee disability and right knee patellofemoral syndrome have been granted initial ratings of 10 percent, but the claims for higher ratings are denied.

The Board has determined that the appellant is not entitled to special monthly pension benefits based on the need for regular aid and attendance or as a result of being housebound due to her various disabilities, which do not meet the criteria set forth in VA regulations.

The Veteran's claims for service connection for a right lower back scar, left eyebrow scar, bilateral wrist disorder, pseudofolliculitis (razor bumps), and bilateral knee disorder have been resolved as the AOJ granted these claims in October 2009. As such, there is no longer an issue of fact or law before the Board pertaining to these claims.

The Veteran's claim for a TDIU rating is being remanded due to the need for additional examination and development of his service-connected disabilities.

The Veteran's appeal is remanded due to a lack of VA treatment records dated in 2009 related to his right knee disability. The case will be readjudicated after these records are obtained.

The Veteran's service-connected left knee and right hip disabilities were not rated higher than the current assigned disability ratings during the period from February 18, 1998, until October 6, 2004.

The Board has remanded the case for further action regarding the reopening of the PTSD claim and the timeliness of the Veteran's appeal for residuals of right knee injury.

The Veteran's appeal is being remanded to the RO for further development of the evidence and due process development, including obtaining a copy of the January 2009 VA examination report of his left knee, as well as copies of all orthopedic surgery outpatient treatment records and evaluations at the Miami VAMC, and all physical medicine and rehabilitation service consultations at the Broward County VA outpatient clinic from September 2008 to the present time. The RO will then readjudicate the claims in light of all pertinent evidence and legal authority.