Knee decisions — 2011

The Veteran withdrew his appeal for an initial compensable rating for degenerative joint disease of the right knee, status post arthroscopic debridement. The issue of service connection for bilateral pes planus is being remanded.

The Veteran's appeal is being remanded for additional development, including a new examination and consideration of extraschedular ratings.

The Veteran's claims for service connection for a knee disability and an initial compensable rating for hearing loss in the right ear were denied. The AOJ failed to provide proper development as required by previous remands.

The Board denied the Veteran's claim for service connection for a bilateral knee disorder, finding that there was no evidence linking his current diagnoses to service.

The Board finds that the Veteran's right and left knee disorders did not develop during service or are otherwise related to his military service.

The Veteran's diabetes mellitus is rated at 20 percent, and his left knee scar is rated at 10 percent. The claims for increased ratings are denied.

The Veteran's claims for higher initial disability ratings for his service-connected lumbosacral strain/sprain syndrome, left knee arthritis, and right knee traumatic arthritis were denied. The Board found that the preponderance of evidence did not support a finding that any of these conditions warranted an increased rating.

The Veteran's service-connected disabilities do not meet the criteria for a total disability rating based on individual unemployability as her combined disability rating is 80 percent, which does not satisfy the requirement of at least one disability rated at 40 percent or more with additional disability to bring the combined rating to 70 percent or more.

The Board denied an increased rating in excess of 30 percent for the Veteran's service-connected left knee disability, finding that the evidence did not support a higher evaluation based on extraschedular criteria or instability.

The Board has denied the Veteran's claim for service connection of a left knee disability. The claims for right hip and left hip disabilities are pending with further development required, while the issue of initial compensable evaluation for bilateral hearing loss remains pending.

The Board denied service connection for diabetes mellitus and peptic ulcer disease, finding no evidence linking these conditions to service. The claim for arthritis of the right knee was not reopened due to lack of new and material evidence.,Diabetes mellitus and peptic ulcer disease were not shown within one year of service separation, and there is no current disability associated with either condition.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and conducting a VA examination to assess the severity of her knee disabilities.

The Board has determined that further development is needed to address the appellant's claim for service connection for the cause of the Veteran's death, including providing proper VCAA notice and obtaining additional medical records. The case will be remanded for these actions.

The Veteran's claims for service connection for cough, knee disability, eczema, and onychomycosis and ingrown toenails were denied. The Board found that the evidence did not meet the criteria for service connection in any of these cases.

The Veteran's claims for service connection for various conditions have been denied as there is no evidence of current disabilities.

The Veteran is seeking an earlier effective date for a combined 100 percent disability rating, which was granted on September 29, 2006. The appeal is currently in remand status due to unresolved issues regarding the July 1985 decision and clarification of his April 2008 notice of disagreement.

The Board has determined that additional service treatment records are needed and a new VA examination is required to determine the nature and etiology of any current right knee, right hip, and left knee disorders. The Veteran's claims for service connection will be remanded for further development.

The Veteran is seeking an increased rating for his service-connected back disability and entitlement to TDIU. The case is being remanded to obtain updated VA treatment records, conduct necessary examinations, and determine the current level of severity of his disabilities.

The Veteran's right hand and thumb disability are service-connected as secondary to his service-connected left knee patellofemoral pain syndrome. The claim for chronic lumbosacral strain has been reopened, but the service connection is still denied.

The Veteran's skin disorder and right knee arthritis were denied service connection. The claim for residuals of a left knee injury was reopened.