Knee decisions — 2011

The Board has remanded the case for additional development, including obtaining medical records and clarifying opinions regarding the appellant's knee disorders and diabetes mellitus.

The Board has determined that the Veteran's claimed low back disorder and right leg joint/sclerosis/right knee sclerosis are not related to his period of active military service. The claims for service connection have been denied.

The Veteran's claims for an initial compensable rating for bilateral hearing loss, service connection for degenerative changes of the lumbar spine and cervical spine, C5-6, and service connection for fibromyalgia, diffuse idiopathic skeletal hyperostosis, and arthritis of the shoulders, knees, and wrists were denied. The Veteran did not meet the criteria for a compensable rating under the applicable VA rating schedule.

The Board denied the Veteran's claims for increased ratings for his right and left knee disabilities, finding that they did not warrant a rating in excess of 10 percent.

The Veteran's right knee disorder is not service-connected.,From June 19, 2006 to July 15, 2009, the Veteran was granted a 10 percent rating for GERD. Since then, his GERD has been rated at 30 percent.

The Veteran's right knee instability and arthritis have been granted service connection, with a combined initial disability rating of 10 percent.

The Veteran's low back strain, left knee strain with internal derangement, and left ankle sprain have been granted service connection. The initial evaluations for the left knee strain and left ankle sprain are increased to 10 percent.

The Veteran's appeal for initial compensable evaluations for his service-connected right shoulder acromioclavicular separation, left ear hearing loss, residuals of left shoulder dislocation, right knee chondromalacia patella, and left knee chondromalacia patella has been denied. The appeals were dismissed due to the Veteran's request for withdrawal at the Board hearing.

The Board denied the Veteran's request for a waiver of recovery of an overpayment due to his failure to report his 1993 divorce, which resulted in an overpayment. The decision states that this constitutes bad faith and thus precludes waiver.

The Board has remanded the Veteran's claims due to the need for additional development, including VA examinations and consideration of new evidence.

The Veteran's left knee disability is rated at 10 percent, and his skin disorder of the hands and feet does not meet criteria for a compensable evaluation.

The Board has determined that the Veteran's left knee disability, diagnosed as status post left knee partial meniscectomy, is related to his military service and grants service connection for this condition.

The Board denied the Veteran's claims for increased ratings for his service-connected right shoulder impingement syndrome, left foot sesamoid fracture, status post right knee arthroscopy, allergic rhinitis, and migraine cephalalgia. The evaluations were found to be noncompensable under the applicable diagnostic codes.

The Board has determined that the Veteran's bilateral ankle disorder and left knee dislocation were not incurred in or aggravated by service, and thus denied his claims for service connection. The claim for increased rating of the left knee disability is remanded due to a possible worsening since the last examination.

The Board has remanded the case for further development, including a VA examination of the Veteran's left knee and consideration of his claim for service-connection for mallet toe, hammer toes on the right.

The Veteran's appeal is being remanded for a Travel Board hearing and further development.

The Board has reopened the Veteran's claim for service connection for osteoarthritis of the right knee and found that new evidence supports a possible link to service. The claim is therefore granted.

The Veteran's chondromalacia patella of the right knee has been rated at 10 percent, and the Board finds that a higher rating is not warranted based on the current evidence.

The Veteran's claims for service connection for headaches, fatigue, and joint pain were denied as new and material evidence was not provided. The claim for increased evaluations for degenerative joint disease of the lumbar spine is pending in the REMAND portion.

The Board has granted service connection for the Veteran's low back disorder and found that his current cervical spine, left knee, and right knee disorders are related to his in-service trauma. The appeal is now limited to determining if these secondary service connection claims should be granted.