Knee decisions — 2010

The Board has reopened the Veteran's claims of service connection for right and left knee disabilities, but further development is needed before a decision can be made.

The Board has determined that new and material evidence has not been presented to reopen the Veteran's claim of service connection for a left knee disability. The RO found no medical evidence linking her current left knee condition to her military service.

The Veteran's service-connected right knee disability is currently rated as 10 percent disabling, and his left knee disorder is also rated at 10 percent. The RO has determined that neither condition warrants a higher rating based on the current evidence of record.

The Veteran's service-connected disabilities are reasonably shown to be of such nature and severity as to preclude him from participating in any regular substantially gainful employment, warranting a TDIU rating.

The Veteran's claims for higher initial ratings for his knee and ankle disabilities, as well as his claim for service connection for hearing loss, were denied. The RO assigned non-compensable ratings to the Veteran's left knee disability, right knee disability, and left ankle disability.

The Board has determined that the Veteran's claims for increased evaluations for instability of the right anterior cruciate ligament and osteoarthritis of the right knee with limited flexion are denied as there is no evidence of moderate recurrent subluxation or lateral instability, or flexion limited to 15 degrees.

The Veteran's claim for service connection for PTSD has been denied due to the lack of verified in-service stressors. The issue of entitlement to service connection for a left knee disability was withdrawn by the appellant.

The Veteran's claim for service connection for a left knee disorder is being remanded due to the need for additional medical records and an examination.

The Board denied the Veteran's claim for an effective date earlier than August 29, 2001 for a 20 percent disability evaluation for recurrent pain and instability of the left knee.

The November 1985 rating decision denied the Veteran's claims for service connection for bilateral hip and knee disorders as secondary to his already service-connected pes planus. The RO found that there was no evidence of arthritis in the hips or knees, despite supportive medical opinions.

The Board found no evidence of a current bilateral knee disability related to service and denied the Veteran's claim for service connection.

The Veteran's claim for service connection for a left knee disorder is granted.

The Veteran's appeal is being remanded for further development of his PTSD claim, including obtaining medical records and ensuring all relevant evidence has been considered.

The Veteran's service-connected disabilities do not meet the percentage requirements for a TDIU, but his unemployability due to these conditions is supported by medical evidence. The case is REMANDED for further action including obtaining Social Security and Workers' Compensation records, conducting a social and industrial survey, and considering an extraschedular evaluation under 38 C.F.R. § 4.16(b).

The Veteran's appeal is being remanded to the RO for scheduling a hearing before a Veterans Law Judge.

The Veteran's death was not caused by, or substantially or materially contributed to by, any disability incurred in or aggravated by active service.

The Veteran's service connection claims for left clavicle disorder, vision disorder, costochondritis (chest pain), gastrointestinal disorder, and right knee disorder are granted. A compensable evaluation of 10% is assigned for residuals of a left elbow shell fragment wound.

The Veteran's service-connected disabilities have rendered him unemployable, and a VA examination is needed to assess the impact of these conditions on his ability to work.

The Board has determined that additional development is necessary prior to the adjudication of the Veteran's claims for service connection due to missing service treatment records and a need for medical examinations.

The Board denied service connection for bilateral knee disability and bilateral hearing loss disability due to lack of available training records.