Knee decisions — 2010

The Board denied the Veteran's claims for service connection for bilateral knee and low back disorders, finding that there was no evidence of a current disability related to service.

The Board has granted increased ratings for the Veteran's right shoulder disability, right knee instability as a residual of removal of an osteochondroma of the right distal medial femur, and right hip disability as a residual of removal of an osteochondroma of the right distal medial femur. The rating for major depression remains at 30 percent.

The Board has remanded the case to the RO for further readjudication due to new evidence submitted by the Veteran.

The Board denied the Veteran's claims for increased evaluations for his right knee instability and arthritis, finding that the evidence did not meet the criteria for a higher rating.

The Board denied the Veteran's claim for a non-service-connected disability pension because he did not have qualifying service, as his periods of active duty for training and inactive duty training do not meet the requirements for eligibility.

The Board has denied reopening the claims for service connection for right knee and low back disabilities, both on a secondary basis to the service-connected postoperative left knee medial meniscectomy. The evidence received since the last final denial does not relate to an unestablished fact necessary to substantiate these claims.

The Veteran's service-connected right knee disability has been manifested by lateral meniscectomy with x-ray evidence of arthritis and complaints of pain on motion. Flexion is not limited to less than 45 degrees and extension is not limited to more than 5 degrees; locking, recurrent subluxation or instability of the knee has not been present.

The Board has remanded the case for further development, including obtaining clarifying opinions from an oncologist regarding service connection for melanoma and metastatic cancer of the lymph node, and a VA examination to determine if any bilateral knee disability is related to service or secondary to service-connected conditions.

The Veteran's right knee disability was evaluated at a 10 percent rating prior to September 27, 2007. From March 30, 2007, to the conclusion of the appeal period, his disability warranted a 20 percent evaluation.

The Veteran does not have residuals of a left knee injury shown to be caused or aggravated by his active duty service.

The Board found that the Veteran's bilateral knee disabilities were not incurred in or aggravated by his military service.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, tinnitus, a back disorder (secondary to left knee disorder), and a right hip disorder (secondary to left knee disorder).

The Board has granted service connection for left knee tricompartmental arthritis with meniscal changes, finding it proximately due to or the result of service-connected right knee disability.

The Board denied reopening of the Veteran's claims for service connection due to lack of new and material evidence.

The Board denied the Veteran's claims for service connection and increased ratings, finding that his claimed disabilities were not incurred or aggravated by service.

The Board denied the Veteran's claims for service connection and evaluations of various conditions, including a right knee disability, hypertension, sleep apnea, and residuals of cold injury. The issues were remanded for further development.

The Board has determined that new and material evidence has been received to reopen the Veteran's previously denied claims of service connection for right and left knee injuries. The issue of entitlement to service connection is addressed in the REMAND portion of this decision.

The Board has reopened the claim for service connection for a left knee disability, but denied the claim on the merits due to lack of evidence showing a direct link between the current condition and service.

The Veteran is seeking service connection for a right knee disorder. The Board has determined that additional development, including obtaining VA treatment records and providing an opinion regarding the etiology of his right knee disorder, is necessary before deciding this appeal.

The Veteran's appeal is being remanded due to the unavailability of service treatment records and incomplete post-service medical records. The RO will attempt to obtain these records and provide the Veteran with an opportunity for a VA examination if necessary.