Knee decisions — 2010

The Board has granted service connection for traumatic spondylosis of the lumbar spine and dismissed the appeal regarding right knee chondromalacia and left ankle disability due to lack of specific error or law in the determination.

The Board has determined that the appellant's service-connected disabilities render him unable to obtain and retain substantially gainful employment, warranting a TDIU.

The Veteran's death was not service-connected, and the claim for DIC under 38 U.S.C.A. § 1318 was denied due to lack of legal merit or entitlement under the law.

The Veteran's claim for an increased rating for DJD of the left knee was denied, and service connection for DJD of the left hip was also denied. The Board found that there is no evidence to support a relationship between the Veteran's DJD of the left hip and his service-connected right and left knee disabilities.

The Board has remanded the case for further development due to insufficient evidence regarding the relationship between the Veteran's current left knee disorder and his military service.

The Board has granted service connection for right knee patellofemoral syndrome and assigned a 10 percent evaluation. The Veteran is not entitled to an increased rating based on limitation of flexion or extension, but is entitled to a separate 10 percent evaluation for slight recurrent lateral instability.

The Board denied a rating higher than the current 20 percent for the service-connected left knee shell fragment wound residuals, finding that there was no evidence of severe instability or recurrent subluxation to warrant an increased rating.

The Board has remanded the case to verify the Veteran's duty status in the Air National Guard from June 2004 to September 2005, and to obtain his service records for this period. The claim will be reconsidered based on the new information.

The Veteran's right knee disability, following total knee replacement in December 2006, is currently rated at 30 percent. The criteria for a higher rating are not met.

The Board has remanded the Veteran's claims due to incomplete development of his service treatment records, particularly from July 1990 to August 1991. The RO is directed to attempt to obtain these records and provide a supplemental statement of the case if necessary.

The Veteran's right knee disability is found to be causally related to his military service, and he is granted service connection for this condition.

The Board has determined that a VA examination is needed to determine the current existence of bilateral elbow and knee disorders, as well as their etiology. The Veteran's service records show joint complaints during his military service.

The Veteran's claim for service connection for tinnitus was denied as the preponderance of evidence does not support a link to military service. The right knee disability, prior to December 2, 2008, did not meet the criteria for an evaluation in excess of 20 percent.

The Board has remanded the case for additional development due to missing medical records from Hennepin County Medical Center and Minnesota Department of Corrections.

The Veteran's claims for higher initial evaluations for lumbar disc disease and arthritis of the left knee, as well as his claim for service connection for PTSD, were denied. The Board found that the evidence did not warrant a higher rating under the applicable criteria.

The Veteran's service-connected disabilities, including left hip and lumbar spine disabilities, affect a single body system (orthopedic) and her overall combined rating is 70 percent. The Board finds that the Veteran is unable to secure or follow substantially gainful employment due to her service-connected disabilities, thus granting TDIU.

The Board has decided to remand the Veteran's claims for increased ratings due to lack of recent VA examination and outstanding treatment records. The Veteran will need to undergo a VA orthopedic examination at a VA medical facility, preferably at the Altoona VAMC.

The Veteran's claim for payment or reimbursement of private medical expenses incurred at Shands HealthCare on March 19, 2008 was denied as he did not meet the criteria for VA reimbursement under 38 U.S.C.A. § 1725.

The Veteran's claim for an increased evaluation for his service-connected left knee disability is being remanded due to the need for additional development of the record.

The Veteran's claim for service connection for residuals of a left knee injury is being remanded due to the need to obtain additional medical records and determine whether his current left knee disorder is related to his military service.