Knee decisions — 2011

The Board denied the Veteran's claims for service connection for various conditions, including left ear hearing loss, left knee disorder, right knee disorder, and right ankle disorder. The decision also denied higher initial disability ratings for his service-connected right shoulder disability, tinnitus, and bilateral hearing loss.

The Veteran's claim for increased ratings for his lumbar strain and right knee disabilities was denied. The RO reduced the Veteran's ratings from 20% to 0%, effective February 1, 2008, and then later increased them back to 10%. The current rating of 10% is maintained.

The case is being remanded for additional development, including obtaining medical records from the Veteran's terminal hospitalization and addressing whether his service-connected hypertension contributed to his cause of death.

The Board denied the Veteran's claims for service connection for various conditions, including left ear hearing loss, bronchitis, knee disorders, asthma, and increased evaluation for major depressive disorder. The appeals were decided on a direct basis without any presumption or secondary theory of service connection.

The Board has determined that the Veteran does not have a current back disorder or left knee disorder, and thus service connection for these conditions cannot be granted.

The Board has determined that the Veteran's bilateral knee disability did not have onset in service or within one year of service and was not caused or aggravated by his active military service. As such, the claim for service connection is denied.

The Veteran's service-connected right knee disability with degenerative joint disease is currently rated at 10 percent for limitation of extension and instability, but not restricted in flexion. The claim for an increased rating has been granted.

The Board has determined that the Veteran's genital/venereal warts had their onset in service and his right knee disorder is not related to service. Service connection for both conditions is granted.

The Board has granted service connection for left knee osteoarthritis. The Veteran's right and left ear hearing loss are not considered to be related to his military service.

The Veteran's claims for bilateral knee and right shoulder disabilities are being remanded due to the need for a VA examination to determine if service connection can be established.

The Board has remanded the case due to the need for additional medical records and a clarification of the relationship between the Veteran's service-connected arthritis and his death from pulmonary fibrosis.

The Veteran's claims for service connection for type II diabetes mellitus, prostate cancer, hypertension, a right knee disability, a circulatory condition, and erectile dysfunction were denied. The Board found no credible or competent evidence of current disabilities in these conditions.

The Board has determined that the Veteran does not have residuals of frostbite to his neck or lower extremities, and thus cannot establish service connection for these conditions. The Board also found no evidence linking any bilateral knee or hip disabilities to his military service, including as secondary to his claimed residuals of frostbite.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claim for service connection for right knee DJD, which may be related to his service-connected left knee disability. The case will be returned to the RO for further action.

The Board has determined that new and material evidence has not been received to reopen the claims for service connection for spots on the lungs, arthralgia of the knees (claimed as a left knee disability), and spots on the brain. The claim for an initial rating in excess of 10 percent for non-cardiac chest pain due to undiagnosed illness remains pending.

The Veteran's right leg or knee disability, specifically chondromalacia, and sinusitis were both found to be incurred during his active duty service.

The Board has found no evidence of a chronic gastrointestinal disorder, to include GERD, IBS, hiatal hernia, and acid reflux, during the appeal period. Therefore, service connection for these conditions is denied.

The Veteran's appeal is being remanded for further development, including a VA examination to determine the nature and severity of his service-connected left knee disability. The AOJ must consider whether he is entitled to a separate rating for his service-connected left-knee disability pursuant to Diagnostic Code 5258.

The Board has determined that the Veteran's current right knee disorder and acquired psychiatric disorder are not related to his military service, with the exception of a possible secondary relationship for the psychiatric disorder. The preponderance of evidence is against granting service connection in these cases.

The Veteran's appeal has been withdrawn by his representative prior to the Board's decision.