Knee decisions — 2011

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal.

The Board has denied the Veteran's claims for service connection for a chronic right knee disorder and depression, finding that there is no evidence of in-service injury or disease related to these conditions.

The Veteran's appeal is being remanded due to the need for a videoconference hearing. The case will be returned to the Board after the hearing.

The Veteran's left knee disability, characterized by internal derangement with chondromalacia and episodic subluxation of the patella, is currently rated at 20 percent. He also has a separate evaluation for his subluxation under DC 5257.

The Veteran is seeking compensation under the provisions of 38 U.S.C. § 1151 for residuals of a right knee arthroplasty, which he contends was caused by negligence or lack of proper skill on the part of VA during treatment at a VA medical center in Bay Pines, Florida.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a new examination to assess the extent of his service-connected knee disabilities.

The Board has determined that additional development is needed to address the Veteran's claims for service connection for sleep apnea, right knee disability, and left knee disability. Specifically, a supplemental medical opinion from Dr. J. regarding the etiology of his current knee conditions and whether his sleep apnea is aggravated by his low back condition are required.

The Board has determined that the Veteran's bilateral pes planus should not be rated higher than 10 percent, effective April 1, 2007. The right knee bursitis is also not entitled to a rating in excess of 10 percent.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection, including obtaining National Guard records and VA treatment records.

The Board has remanded the case due to issues with representation and further development is required.

The Veteran's claims for service connection are being remanded due to the need for additional medical opinions and records.

The Veteran's claims for service connection for various knee, wrist, and elbow disabilities have been denied as there is no evidence of a disease or injury in service that could be linked to the current conditions.

The Veteran's appeal is being remanded for a Travel Board hearing to be scheduled at the RO. The issues of service connection for hypertension, rating for left knee reconstruction, and rating for limited motion of the left knee are pending.

The Board has reopened the Veteran's claim of service connection for a right knee disability due to new and material evidence submitted since the final denial in June 1985. The case is remanded for further development, including obtaining medical records from Dr. Cameron and SSA records, as well as scheduling VA examinations.

The Board has denied the Veteran's claims for service connection for left knee, right knee, left ankle, and right ankle disabilities as well as bilateral tinnitus and degenerative disc disease of the spine. The evidence does not support a finding that any of these conditions were incurred or aggravated by military service.

The Board found that the Veteran's death was due to a homicide, not related to his service-connected left knee disability. Therefore, the claim for service connection for the cause of the Veteran's death is denied.

The Veteran seeks service connection for a right knee disability that he claims is secondary to his service-connected left knee disability. The VA examiner found the right knee disability was not related to the left knee surgery, but rather due to genu valgus deformity. Further examination and medical opinion are needed to determine if the right knee disability is aggravated by the left knee disability.

The Board found that the Veteran's bilateral knee disorder existed prior to service and was not aggravated by service, thus granting service connection on a presumptive basis.

The Veteran's claims for diabetes mellitus, type II and left knee bursitis were denied. The effective date of the grant of service connection for PTSD with depression was set at March 24, 2004.

PTSD and arthritis of the knees were denied, while asthma was granted.,The denial for PTSD is due to lack of confirmed in-service stressors. Arthritis of the knees has no evidence within one year post-service.