Knee decisions — 2010

The Board has remanded the case due to the need for additional development, including obtaining records of treatment at a medical facility in Thailand and arranging for an orthopedic examination.

The Board found that the Veteran's pre-existing bilateral knee disorder did not increase in severity during service and thus denied his claim for service connection.

The Board has determined that the Veteran's current lower back, bilateral knee, and right shoulder disabilities are related to his service. However, there is no evidence of a hip disability during service or since then.

The Veteran's claim for service connection for a left knee disability, to include as secondary to his service-connected right knee disability, is being remanded due to the need for additional medical records and an examination.

The Board found that the Veteran's right knee, right hip, and low back disorders are not related to his service-connected disabilities. The claims for service connection were denied.

The Veteran's appeal is being remanded for additional development, including obtaining private treatment records and a VA examination to address the claims of negligence in his care.

The Veteran's knee disabilities and PTSD are not shown to warrant a higher disability rating.

The Board has determined that a VA examination is needed to determine if the Veteran's current left knee disability is related to his service in Vietnam. The Veteran will be given another opportunity to provide any additional evidence.

The Veteran's left knee disability, characterized by internal derangement and hypertrophic degenerative arthritis, was found to not meet the criteria for a rating in excess of 10 percent. The disability did not result in limitation of motion or instability that would warrant higher ratings under relevant diagnostic codes.

The Veteran's claims for increased evaluations of his service-connected knee, neck, back, and PTSD disabilities were denied. The Board found that the current evaluations did not adequately reflect the severity of the disabilities.

The Board denied service connection for psychiatric disability, cervical spine disability, and right knee disability. The Veteran's claims were not decided on the merits of these conditions.

The Veteran's appeal is remanded to the RO for a Video Conference hearing and further development as requested. The issues include reopening of PTSD service connection, bilateral hearing loss, hypertension, antral gastritis, limitation of flexion/extension of left knee, right knee disability, lumbar spine disability, and fracture to navicular bone.

The Board has remanded the claim due to incomplete verification of service records and the need for a VA examination to determine if the Veteran's left knee disorder is related to his military service, specifically whether it was aggravated by an injury during basic training.

The Veteran's osteoarthritis of the left hip, claimed as bursitis, is found to be secondary to her service-connected left knee disorder. The right knee disorder is also found to be secondary to her service-connected left knee disorder.

The Veteran does not have an additional left knee disability as a result of VA surgical treatment in April 2006 found to be proximately due to VA carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.

The Veteran's claims for higher initial evaluations for bilateral lower extremity radiculopathy have been dismissed due to the failure to file a timely substantive appeal.,The Veteran's claims for service connection for bilateral hearing loss, right hip and left shoulder disability, right knee disability, acquired psychiatric disorder, and respiratory disability (claimed as lung disease due to asbestos exposure) have been dismissed due to the failure to file a timely substantive appeal.

The Veteran's special separation benefits (SSB) in the amount of $40,532.76 received upon his discharge from service is to be recouped by withholding VA disability compensation.

The Veteran's appeal has been withdrawn due to his request for withdrawal of the claims for service connection for hearing loss and tinnitus.

The Board found that the Veteran's claimed knee, leg, cervical spine, lumbar spine, and carpal tunnel disabilities were not incurred or aggravated by active military service.

The Veteran's claims for bilateral heel spurs, left zygoma disorder, and knee disorders were denied as there is no current diagnosis of these conditions.