Knee decisions — 2010

The Board finds that the preponderance of the evidence is against a finding that the Veteran's colon cancer, hypertension, and bilateral knee arthritis were incurred in or otherwise resulted from his active service. The disabilities were first diagnosed years after service.

The Veteran's claims for service connection for low back and bilateral knee disabilities are being remanded due to the need for additional VA examination and development of medical records.

The Board found that the Veteran's left knee osteoarthritis, bilateral hearing loss, and tinnitus are not related to his active service. The Veteran was granted service connection for these conditions based on direct evidence of a nexus between the current disability and service.

The Board has remanded the case for additional development due to incomplete records and need for further examinations.

The Board has determined that the Veteran's claimed disabilities, including left shoulder arthritis, bilateral knee arthritis, residuals of broken ribs, and chest disability with sensitive bulge, were not incurred or aggravated during service. The evidence does not support a finding of direct service connection for these conditions.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling VA examinations to determine the etiology of his psychiatric disorder and right knee disorder.

The VA denied the Veteran's claim for service connection for right knee injury residuals, finding that there was less than a 50% probability that his current right knee arthritis was caused by or resulted from his inservice injury in 1949.

The Veteran's claims for right foot and knee arthritis have been denied. The right foot claim was originally filed as gout, but no current diagnosis of gout is found in the records. The right knee claim has been reopened due to new evidence submitted since the last denial, but remains denied.

The Board denied reopening the claim for service connection for a left knee disability, finding that new and material evidence was not presented to support the claim.

The Board has remanded the case due to failure to afford a VA examination for the Veteran's tinnitus and bilateral knee disability claims. The RO is instructed to attempt to schedule these examinations, either at a correctional facility or by sending an examiner there.

The Board found that the Veteran's left knee degenerative joint disease was neither incurred in nor aggravated by active duty service, and thus denied his claim.

The Veteran's back disorder, right knee disorder, and allergic rhinitis were not found to meet the criteria for higher ratings under applicable VA rating criteria.

The Veteran's tinnitus is related to his military service, and he has a current diagnosis of migraine headaches due to head trauma. The status for the bilateral knee disorder and acquired psychiatric disorder remains unknown.

The Veteran's claims for increased evaluations for his service-connected bilateral knee disabilities are being remanded due to the need for additional VA examinations and outstanding VA treatment records.

The Veteran's claim for increased disability rating for his service-connected lumbar strain remains on appeal. The Board finds that the evidence shows symptoms of forward flexion limited to 30 degrees or less, with incapacitating episodes of IVDS not shown during any period.

The Veteran's PTSD with depressive disorder and panic disorder is rated at 70 percent, effective February 27, 2004. The Veteran's chondromalacia of the right knee remains at a 10 percent rating. Service connection for chronic fatigue syndrome has been granted.

The Board has ordered a remand to verify the Veteran's additional service and obtain any treatment records from that period. The appeal will be reconsidered based on this new information.

The Veteran's right proximal humerus fracture and left shoulder injury are not service-connected as they were caused by his service-connected knee disabilities.

The Veteran's service-connected left knee patellofemoral pain syndrome has for the initial rating period manifested extension to 0 degrees, flexion to 50 degrees, and complaints of pain and discomfort, with no objective evidence of arthritis, subluxation, instability, or ankylosis. The criteria for an initial disability rating in excess of 10 percent have not been met.