Knee decisions — 2010

The Board has remanded the case for a personal hearing before a Veterans Law Judge at the RO, and to schedule an appropriate hearing if requested.

The Veteran's bilateral ankle disorder, right ankle disorder, and right knee disorder are all found to be secondary to his service-connected left knee disability. The back disorder is not considered service connected.

The Veteran's claims for higher initial evaluations for his service-connected right shoulder arthritis, left great toe and knee degenerative arthritis, and bilateral hearing loss were denied. The Board found that the evidence did not support a finding of more than the current assigned disability ratings.

The Veteran's appeal is being remanded for further examination and development of his claims.

The Veteran's appeal is remanded due to the need for additional VA examinations and records, including time and attendance records from his former job.

The Veteran's left knee disability was rated at 10 percent prior to December 2, 2008. He is granted a separate 10 percent evaluation for instability of the left knee. The claims for service connection for left ankle and right hip disorders are denied.

The Board found that the Veteran's current right knee and bilateral foot disorders are not related to his military service, either directly or on a secondary basis. Therefore, the claims for service connection were denied.

The Board has remanded the case to obtain additional medical records and for further development. The Veteran's claim will be reconsidered based on the new evidence.

The Board has denied the Veteran's claim for service connection for a left above-knee amputation, claimed as secondary to his service-connected trench foot. The evidence does not support a finding that the amputation was related to his service-connected condition.

The Veteran's appeal is being remanded for additional development of his service connection claims, including obtaining relevant medical records and conducting examinations to clarify the nature and etiology of his claimed conditions.

The Veteran's claims for service connection for degenerative disc disease of the cervical spine, lumbar spine, and right knee have been reopened. However, new evidence does not establish a direct relationship between these conditions and his military service.,The Veteran's left knee condition is not shown to be related to his active duty service.

The Board found that the Veteran did not submit a formal or informal claim for service connection for Posttraumatic Stress Disorder prior to June 6, 2005. As such, the effective date of his award is fixed at June 6, 2005.

The Board finds that the evidence is in equipoise, with the Veteran's current bilateral knee disability being causally related to his military service. As such, the claim for service connection is granted.

The Board has remanded the case for additional development due to issues raised in a motion for remand and review of the claims file. The Veteran is required to undergo VA orthopedic examination to address functional loss factors.

The Veteran's claims for increased evaluations for residuals of total knee replacements have been granted, with a rating of 60 percent effective from May 1, 2007.

The Board determined that the Veteran's bilateral knee disorder, including degenerative arthritis, was not incurred in active service and denied his claim for service connection.

The Veteran's claims for increased ratings for his right knee and shell fragment wound disabilities were denied. The Board found that the criteria for more than a disability rating of 10 percent for residuals of an injury of the right knee on the basis of instability and subluxation have not been met prior to June 19, 2007, and from that date forward. For the right knee with traumatic arthritis, the criteria have also not been met. The Veteran's shell fragment wound disability did not meet the criteria for a higher rating.

The Board denied the Veteran's claim of entitlement to service connection for a left knee disability, including residuals of shrapnel wound of the left knee. The decision stated that new and material evidence was not submitted.

The Veteran's left knee disability is currently rated at 20 percent for limitation of flexion. The Board has also determined that a separate compensable rating (10%) should be assigned for laxity of the left knee.

The Board is remanding the case for further development, including obtaining the Veteran's current address and determining his preference regarding representation and hearing options.