Knee decisions — 2010

The Board has denied the Veteran's claims for increased disability rating, service connection, and special monthly compensation. The claim of reopening a previously denied lumbosacral strain with left sciatic neuritis was also denied.

The Board has reopened the claim for service connection for a left knee disorder, but continues to deny it on its underlying merits. The Veteran's current left knee disability is not shown to be related to his military service.

The Board denied the Veteran's claims for service connection due to lack of evidence supporting a current disability and no objective indications of chronic disability resulting from undiagnosed illness.

The Veteran's postoperative meniscectomy of the right knee and traumatic arthritis were not rated higher than 20% and 10%, respectively, prior to May 2, 2006. After a total right knee replacement on May 2, 2006, his disability was rated at 30% effective July 1, 2007.,The Veteran's postoperative meniscectomy and traumatic arthritis were not rated higher than the existing ratings prior to May 2, 2006. After a total right knee replacement on May 2, 2006, his disability was rated at 30% effective July 1, 2007.

The Veteran's claims for service connection and increased rating are being remanded due to the need for additional development, including VA examinations.

The Board has determined that additional development is needed to fully evaluate the Veteran's claims, including obtaining VA treatment records and scheduling a VA examination for his right knee injury.

The Veteran's claim for service connection for bilateral hearing loss and a bilateral leg disorder (knees) is denied. The Board found that the Veteran does not have current hearing loss disability within the meaning of VA regulations, and there was no evidence of in-service or post-service hearing loss meeting these criteria.

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

The Board denied the appellant's claim for DIC based on a new and material evidence finding, but found that she is not entitled to SMP due to her inability to require regular aid and attendance of another person.

The Veteran's appeal is being remanded to obtain VA treatment records and a more detailed examination of his left knee. The issues on appeal will be reconsidered after the additional development.

The Veteran's service-connected conditions have not been found to warrant higher ratings based on the current evidence of record. The Board has determined that her asthma does not meet the criteria for a higher than 30 percent rating, and her left knee condition does not meet the criteria for a higher than 10 percent rating.

The Board has remanded the case due to incomplete medical records and the need for a new hearing. The Veteran's claim of entitlement to a rating in excess of 10 percent for his left knee disability remains pending.

The Board has remanded the case for further development, including a VA examination and extraschedular consideration. The Veteran's right knee disability is currently rated at 60 percent disabling.

The Veteran's left knee disability, including a status-post medial collateral ligament tear and arthroscopy, was evaluated at 20 percent prior to February 15, 2007, and at 30 percent since then. The Board denied the claim for increased ratings.

The Board has determined that the Veteran's right and left knee disabilities do not warrant a compensable evaluation prior to February 6, 2004. Since then, they have warranted a 10% evaluation.

The Veteran's lumbar spine degenerative disc disease is currently rated at 40 percent, effective September 16, 2005. The AMC granted a separate 10 percent rating for right lower extremity radiculopathy and left lower extremity radiculopathy.

The Board has ordered the case to be remanded for further development, including obtaining additional medical records and re-adjudicating the service connection claim for heart problems as secondary to left knee disability.

The Board has determined that the Veteran's left knee disability is causally related to her service and thus grants service connection for this condition.

The Board has determined that the Veteran's right knee disorder is related to military service and grants service connection for this condition.

The Veteran's claim for an increased evaluation of his right knee disability was granted, with a rating of 10 percent. The claims for PTSD were also granted, but the effective dates are different: one prior to July 8, 2008 and another beginning on that date.