Knee decisions — 2010

The Veteran's claims for increased ratings and service connection were denied. The appellant seeks benefits based on the Veteran's death, but the evidence at the time of his death did not meet the criteria for a higher rating or service connection.

The Board found that the Veteran's service-connected right tibia chip fracture did not cause or contribute to his death due to a blunt force head injury. The Board concluded that there was no reasonable possibility of obtaining additional evidence that would aid in substantiating the claim.

The Veteran's overpayment of VA disability compensation was properly created due to concurrent receipt of active duty military pay and VA compensation benefits while on active duty.

The Veteran's appeal is remanded due to insufficient evidence and the need for a new VA examination.

The Veteran's claims for service connection for bilateral wrist and ankle disabilities have been denied. Claims for bilateral hearing loss, hip disability, knee disability, and left shoulder impingement syndrome are pending.

The Board has determined that the Veteran's right knee, back, neck, left lower extremity sciatica, and acquired psychiatric disorders are not related to his period of service or any aspect thereof, including a service-connected disability. As such, these claims for service connection have been denied.

The Veteran's claim for increased rating in excess of 20 percent for type II diabetes mellitus was denied. The disability picture does not meet the criteria for a higher evaluation as it only requires oral hypoglycemic agents and a restricted diet.

The Veteran's spouse requires regular personal care assistance from another person due to various disabilities, and the Board has determined that she is in need of aid and attendance.

The Veteran's service-connected traumatic osteoarthropathy of the right knee, post-surgery, has been manifested by complaints of pain and swelling. The RO denied a rating in excess of 10 percent due to lack of instability or other additional disability.

The Veteran's appeal is being remanded for additional development, including obtaining updated treatment records and scheduling a VA examination to assess the severity of his service-connected right and left knee disabilities and any low back disorder.

The VA determined that the Veteran's current right knee disorder did not originate in service and was not related to his military service, leading to a denial of his claim for service connection.

The Board has determined that the Veteran's right knee condition was not incurred in or aggravated by service, and thus denied his claim for service connection. The left foot condition is currently under consideration as part of this remand.

The Veteran's appeal is being remanded for additional development, including clarification of the basis for his claims and consideration of new evidence. The case will be returned to the Board after completion of these actions.

The Board denied the Veteran's claim for service connection for a bilateral knee condition, finding no current disability and insufficient evidence to support a diagnosis.

The Board has granted the Veteran's claim for service connection for a right knee disability, finding that it is at least as likely as not related to his military service.

The Veteran's claim for a TDIU was denied as he does not meet the schedular criteria for a TDIU due to his service-connected disabilities. However, the issue of an increased rating for left knee disability is inextricably intertwined with the TDIU claim and must be resolved before the TDIU can be adjudicated.

The Board has granted service connection for residuals of a left hand injury and assigned a 10 percent evaluation for left knee tendonitis since December 27, 2005. The Veteran's current complaints include pain and functional impairment consistent with a 10 percent evaluation based on limitation of motion.

The Veteran's appeal is being remanded for additional development of his service-connected right shoulder, left knee, and right knee disabilities. The RO must obtain all relevant medical records and afford the Veteran a VA examination to determine the current severity of these conditions.

The Veteran's claim for a rating in excess of 20 percent for medial instability of the right knee, residuals of a fractured patella was denied.

The Veteran's claims for increased ratings were denied as his conditions did not meet the criteria for higher ratings under applicable VA rating criteria.