Knee decisions — 2010

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records and scheduling a VA examination.

The Board has determined that the Veteran does not have a current diagnosis of bilateral knee or ankle disabilities, and thus cannot establish service connection for these conditions. The Veteran's reported symptoms are not supported by medical evidence.

The Veteran's pes planus is characterized by pronation, pain on manipulation, and calluses. The Board has determined that the preponderance of the evidence supports a 30 percent evaluation for bilateral pes planus.

The Board has determined that the Veteran's claim of entitlement to service connection for a right knee disorder should be remanded due to the need for additional development, including obtaining VA treatment records and providing an opinion on whether the Veteran's right knee disorder is related to military service.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for a new VA examination to assess his service-connected disabilities.

The Veteran's left knee chondromalacia patellae is characterized by pain, flexion to 140 degrees, and extension to 0 degrees. The criteria for an evaluation in excess of 10 percent have not been met.

The Veteran's service-connected right knee disability was evaluated as 10 percent disabling from January 25, 2005 to December 16, 2009. From February 1, 2010 onwards, the claim for an increased evaluation remains pending.

The Veteran meets the requirements for a permanent and total disability rating for nonservice-connected pension purposes due to his service during a period of war, receipt of Supplemental Security Income (SSI) benefits from the Social Security Administration (SSA), and the absence of an annual income in excess of the applicable maximum annual pension rate.

The Board has remanded the issues of entitlement to an effective date earlier than August 11, 2000 for the grant of service connection for residuals of a right knee injury and whether new and material evidence has been received to reopen a previously denied claim of entitlement to service connection for a disability manifested by multiple swollen and painful joints, to include as due to herbicide exposure. The issues of entitlement to an initial disability rating in excess of 10 percent for service-connected residuals of a right knee injury are also remanded.

The Board denied the Veteran's claim for a disability rating in excess of 10 percent for service-connected meniscal tear and degenerative joint disease of the left knee, finding that the evidence did not support a higher rating based on instability or arthritis.

The Veteran's claims for service connection and higher initial evaluations were denied. The Board found no evidence of a compensable disability rating for any of the conditions listed.

The Board has granted service connection for right knee osteoarthritis, finding that it is etiologically related to the Veteran's military service. The claims for back, right hip, and right foot disorders are remanded due to a lack of adequate examination opinions.

The Board found that the appellant does not have a current chronic residual disability of a groin injury, including a right knee disability, for VA compensation purposes.

The Board has determined that the appellant's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and thus grants his claim for a total disability evaluation based on individual unemployability due to service-connected disabilities.

The Board has reopened the claim for service connection for a left knee disorder due to new and material evidence. The claim for diabetes mellitus is denied as there is no evidence of its onset during or within one year after service, nor any link between it and military service.

The Board has determined that the Veteran does not have a left foot, left knee, or low back disability that is related to his military service.

The Veteran's claim for a higher rating for his service-connected right knee injury is granted, with the disability rated at 20 percent. However, there is no evidence of a left knee condition that is related to his service-connected right knee injury or any other service connection issue. The Veteran's appeal regarding this aspect of his case is denied.

The Veteran's appeal is remanded due to the need for additional development, including obtaining VA treatment records and a new examination to assess his employability given his service-connected disabilities.

The Veteran's appeal is being remanded to the RO in San Diego, California for scheduling a videoconference Board hearing. The case will be returned to the Board after the hearing.

The Board denied the Veteran's claims for service connection for decreased visual acuity in the right eye, folliculitis, a left knee disability, an acquired psychiatric disorder (including PTSD and depression), chest pain, and lumbosacral strain. The decision also dismissed his claim of entitlement to service connection for a dental disorder.