Knee decisions — 2011

The Veteran's claims for service connection for a right knee disorder and right ear hearing loss are being remanded due to the need for additional development, including verification of duty status during training, obtaining VA treatment records, and scheduling new examinations.

The Board found no evidence linking the Veteran's diagnosed arthritis to his active service, and thus denied his claims for service connection.

The Veteran's sleep apnea and post-traumatic degenerative joint disease of the left knee are both found to be related to service, granting service connection for these conditions.

The Veteran's claims for increased evaluations of his right and left knee disabilities, as well as maxillary sinusitis, were denied. The Board found that the current 10 percent evaluations adequately reflected the severity of the Veteran's conditions.,A separate claim for service connection for headaches was also denied due to insufficient evidence linking any headache disorder to service or a service-connected disability.

The Veteran has been granted service connection for left knee patellofemoral pain syndrome, right hip trochanteric bursitis, obstructive sleep apnea, and migraine headaches on a direct basis. The claims of service connection for these conditions are all considered to be the result of injury or disease incurred in active military service.

The Board has determined that the Veteran's current right foot disorder, bilateral knee disorder, and skin disorder are related to his active military service.

The evidence is equally divided on whether the Veteran's right knee and shoulder pain, as well as his skin condition, are secondary to his service-connected sarcoidosis.

The Board has remanded the case for further development due to missing medical records from the Veteran's incarceration period.

The Veteran's claim for an earlier effective date prior to September 18, 2000 for the grant of TDIU was denied as he did not meet the schedular requirements for TDIU until that date.

The Veteran's service-connected disabilities do not preclude him from engaging in substantially gainful employment.

The Board has determined that the Veteran's claim of entitlement to service connection for flat feet is dismissed due to his withdrawal. The right wrist disability was not incurred in or aggravated by military service.

The Board found that the service-connected disabilities did not substantially or materially contribute to the Veteran's death, which was caused by a spinal cord stroke.

The Veteran's claims for service connection for a right knee disability and a cervical spine disability were denied. The Board found that the evidence did not support a finding of permanent incapacity for self-support prior to the age of 18, and also noted that there was no indication in the service treatment records of any current right knee or cervical spine disabilities.

The Board has determined that the Veteran's service-connected left knee condition caused his right knee arthritis, and thus grants service connection for disability of the right knee.

The Veteran's left total knee replacement was not found to be the result of VA treatment in June 2002, and therefore compensation under 38 U.S.C.A. § 1151 is denied.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and SSA records. The VA will then re-evaluate the claims based on the new evidence.

The Board has determined that the Veteran's knee surgery did not meet the criteria for a temporary total rating based on hospitalization or convalescence due to a service-connected disability, as there is no evidence of at least 21 days of inpatient treatment. The Veteran also does not qualify for a temporary total rating based on the need for a period of convalescence following surgery.

The Veteran is seeking to reopen his claim for entitlement to service connection for right and left knee disability. The Board finds that additional development is necessary prior to final appellate review.

The Veteran's claims for increased ratings and service connection were denied. The Veteran was not granted an initial compensable rating for patellofemoral syndrome, left knee, or service connection for a right hand and right ring finger crush injury.

The Veteran's claims for increased evaluations of his service-connected cervical strain, ankle strain, knee strain and shoulder tendonitis prior to the specified dates have been denied as there is no evidence showing that these conditions meet or approximate the criteria for a compensable evaluation.