Knee decisions — 2010

The Board has remanded the case for additional development, including obtaining medical records and scheduling VA examinations to assess the Veteran's cervical spine strain and retropatellar pain syndrome of the right knee.

The Veteran's death was not service-connected, and the appellant's claim for DIC benefits under 38 U.S.C.A. § 1318 has been denied as he did not meet the duration requirement for a total disability rating in existence during his lifetime.

The Board found that the Veteran's bilateral knee disability did not pre-exist service and was not aggravated by service. Therefore, it denied his claim for service connection.

The Veteran's claim for an increased rating for partial ACL tear of the left knee was denied. The Board found that the disability did not meet the criteria for a higher evaluation through May 25, 2007.

The Board has remanded the case for additional development to obtain medical records and determine whether service connection can be established for right knee, right ankle, low back disorders, and hypertension.

The Veteran's claims for increased ratings for degenerative joint disease of the left knee and hip are being remanded due to further development needed, including obtaining medical records from a nursing home where he is currently residing.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Board denied the Veteran's claims for service connection of his low back disorder and knee medial meniscus tears, as well as effective dates prior to December 22, 2006 for hip disorders. The appeal is remanded for further development.

The Board has remanded the claims for further development due to the need for additional medical examinations and opinions.

The Veteran's left knee arthritis and residuals of left knee surgery were denied increased ratings.,An acquired psychiatric disorder was not found to be related to service.

The Veteran's left knee disability is currently rated at 10 percent under Diagnostic Code 5003 for degenerative arthritis. The evidence does not support a higher rating as the limitation of motion has been objectively confirmed by findings such as swelling, muscle spasm, or satisfactory evidence of painful motion.

The Board found that the Veteran's low back and left knee disabilities were not incurred or aggravated by service, as his conditions are presumed to have existed prior to service. The evidence did not support a finding of direct service connection for either condition.

The Board found no evidence to support the Veteran's claims for service connection of his lumbar and knee disorders, concluding that they are not related to his military service.

The Veteran's claims for increased initial evaluations for his right and left knee disabilities have been granted. The right knee disability is rated at 20 percent, while the left knee disability remains at 10 percent.

From June 23, 2003 to November 8, 2005, the Veteran's right knee arthritis was manifested by limited flexion and extension. He received a 10 percent disability rating for this period.,From November 8, 2005 to May 10, 2006, his right knee arthritis was characterized by more severe limitations in motion with painful crepitus and restricted range of motion.

The Board has denied the Veteran's claims for service connection for right and left knee arthritis, as well as his claim for diabetes mellitus, type II. The denial of these claims is final based on the evidence of record at the time of the February 2004 rating decision.

The Veteran's right knee disability, characterized by a medial meniscal tear and traumatic arthritis, is currently rated at 20 percent. The Board has determined that he is also entitled to an additional 10 percent rating for painful motion due to the traumatic arthritis.

The Veteran's claim for a TDIU is being remanded due to the need for additional records and further examination.

The Veteran's claims for service connection for a left knee disability, as secondary to service-connected left foot and ankle disabilities, increased rating for residuals of fracture, sesamoid first metacarpal phalangeal joint of the left foot, and increased rating for left ankle disability were denied. The Board found no competent evidence of a current left knee disability.

The Board has decided to remand the case for further development, including obtaining a VA examination and clarifying the relationship between the Veteran's service-connected diabetes mellitus and his bilateral knee disabilities.