Knee decisions — 2011

The Board finds that the Veteran does not currently have a left knee disorder, fibromyalgia, or chronic fatigue syndrome. The VA examiner's opinions in December 2010 concluded that these conditions are less likely than not related to his service-connected lumbar disc disability.

The Veteran's appeal is remanded for a VA examination to determine the current nature and severity of his residuals of left knee strain/sprain. The issues are about entitlement to an increased rating for this condition.

The Board denied the Veteran's claims for service connection for various conditions, including a back disability, bilateral hearing loss, tinnitus, left knee disability, neck disability, peripheral neuropathy of upper and lower extremities, and right knee disability. The appeal is considered final due to the denial in March 1992.

The Veteran's service-connected post-operative right knee disability with moderate diffuse osteoporosis and scar has been rated at 10 percent since the initial grant of service connection. A separate 10 percent rating for instability is granted.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing the Veteran with a VA examination to determine if his current low back, left knee, and bilateral foot disabilities are related to service.

The Veteran's claims for increased evaluations for his bilateral knee disabilities have been denied. The RO assigned a 10 percent evaluation for limitation of flexion in each knee, effective June 1, 2002.

The Veteran's service-connected disabilities, alone, do not render him unable to care for his daily needs or protect himself from the hazards incident to his environment. Therefore, he does not meet the criteria for SMC based on need for regular aid and attendance of another person.

The Veteran's claims for increased ratings for his service-connected bilateral knee disabilities were denied. The RO found that the evidence did not support a higher rating prior to January 15, 2009 and on and after March 1, 2010.

The Veteran's left knee retropatellar pain syndrome and chronic lumbar strain are currently rated at the lowest possible levels, with no higher ratings warranted based on the evidence provided.

The Board found that the Veteran's right knee arthritis did not have onset in service and is not attributable to service. The claim for service connection was denied.

The Veteran's right knee disabilities, including degenerative arthritis and residuals of a medial meniscectomy, are currently rated at 10 percent each. The Board finds that the current ratings adequately reflect the severity of his service-connected conditions.

The Board found that the Veteran's service-connected patellofemoral syndrome of both knees does not warrant a rating higher than 10 percent under the applicable VA rating criteria.

The Board has reopened the Veteran's claim for service connection for a right knee disability due to new and material evidence submitted since the last final denial. The claim is now being remanded for further development.

The Board has determined that the Veteran does not currently have a current disability of tinea pedis or chronic knee disabilities, and thus service connection cannot be granted for these conditions.

The Veteran's death was not due to a service-connected disability, as his disabilities were rated at 90% combined and he did not meet the duration requirements for DIC benefits under 38 U.S.C.A. § 1318.

The Board has determined that the Veteran does not have a current left knee disorder or left knee scars, and thus service connection for these conditions is denied.

The Veteran seeks service connection for a left knee disability and lymphocytic leukemia due to exposure to Agent Orange. He also seeks service connection for diabetes mellitus, type II.,Service connection is sought for lymphocytic leukemia, which the Veteran claims was caused by his exposure to herbicides during service at Fort Bragg, North Carolina and/or Fort Sherman, Panama Canal Zone. The RO/AMC should further develop this claim based on VA's Adjudication Procedure Manual M21-1MR.,Service connection is sought for diabetes mellitus, type II, which the Veteran claims was caused by his exposure to herbicides during service at Fort Bragg, North Carolina and/or Fort Sherman, Panama Canal Zone. The RO/AMC should further develop this claim based on VA's Adjudication Procedure Manual M21-1MR.

The Board has dismissed the appeal due to the Veteran's death.

The Veteran's left knee disability is rated at 10 percent, effective from the date of the decision. The Veteran's lumbosacral strain is rated at 20 percent, effective May 17, 2010.

The Veteran's bilateral knee disabilities have been rated as 10 percent disabling under the criteria for limitation of flexion. The RO has granted these ratings.