Knee decisions — 2010

The Board denied the Veteran's claim for fee basis outpatient psychological services, finding that a geographically accessible VA facility is capable of providing the required psychiatric services.

The Board has reopened the claim for service connection for amputation below the right knee, finding that new and material evidence has been received. The Veteran asserts that his leg amputation was necessitated by his service-connected eczematoid dermatitis.

The Board finds that the preponderance of evidence is against a finding that the Veteran's current left knee disorder was incurred in or aggravated by his active service. The claim for hypertension is also denied as there is no specific medical testing to confirm the presence of hypertension.

The Board has denied the Veteran's claims for service connection for left elbow, left shoulder, bilateral knee, and hypertension disorders due to a lack of competent evidence showing current disabilities or in-service incurrence.

The Veteran's claims for increased ratings for his left knee instability and traumatic arthritis are being remanded to the RO for additional development, including obtaining treatment records from the Wilkes-Barre VAMC.

The Veteran's claim for an increased rating for his service-connected right knee disability is being remanded due to the need for a new VA examination.

The Veteran's claim for service connection for residuals of a left knee injury with healed lacerations was denied because the Board found that he did not have a current disability related to his preexisting condition.

The Veteran's claimed bilateral ankle, shin, knee, hip, low back, and hemorrhoid disorders are not service-connected as they were not present in service or caused by his service-connected pes planus valgus with calcaneal fat pad syndrome.

The Board found that the Veteran's right knee disability is not manifested by arthritis or limitation of motion, and thus does not warrant a rating in excess of 10 percent.

The Veteran's June 2003 arthroscopic surgery did not necessitate at least one month of convalescence or immobilization by cast, and therefore the criteria for a temporary total evaluation under 38 C.F.R. § 4.30 have not been met.

The Veteran's appeal for increased ratings and effective dates was denied. The left knee osteoarthritis with instability is rated at 10 percent, the cellulitis of the left thigh is rated at 10 percent, but both have no effective date prior to May 4, 2005.

The Board has granted service connection for diabetes mellitus, obesity, and bilateral knee disorders on a presumptive basis due to herbicide exposure. Service connection for coronary artery disease is also granted as it is proximately due to the Veteran's obesity.

The Board has granted the Veteran's claim for service connection for a low back disability. The claims for higher initial ratings for left tibia and right metatarsal fracture residuals are remanded to have the Veteran undergo another VA compensation examination.

The Board has denied the Veteran's claims for increased ratings and service connection, finding that new and material evidence had not been received to reopen his previously denied claim for a psychiatric disorder. The cervical spine strain claim was also denied as there is no medical opinion linking it to service-connected disabilities.

The Board found that the Veteran's death was not caused by VA care, treatment, or examination and that the complications from his knee injury were reasonably foreseeable. Therefore, DIC benefits pursuant to 38 U.S.C.A. § 1151 are denied.

The Board has determined that the appellant's current right knee osteoarthritis disability is related to his in-service injury during basic training, and thus service connection for osteoarthritis of the right knee is granted.

The Board has determined that the evidence currently of record is sufficient to establish the Veteran's claim of entitlement to service connection for left knee osteoarthritis, and finds that the preponderance of the evidence is in favor of the claim.

The Veteran's appeal is being remanded to obtain additional medical records and for further examinations to assess the severity of his service-connected disabilities, including right knee, obstructive lung disease, and cervical strain.

The Board's decision on the right knee and right ankle disorders is dismissed due to a remand by the Court.