Knee decisions — 2011

The Veteran's left knee disability, characterized by painful motion but without limitation of motion or instability, has not met the criteria for a rating in excess of 10 percent.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security records and scheduling a VA examination to assess the severity of his left knee disability.

The Board has determined that the Veteran's claimed bilateral knee and back disabilities are not related to service, and therefore denied his claims for service connection.

The Veteran's service-connected conditions did not cause or contribute to his death. The Board found that the Veteran's cerebrovascular accident, congestive heart failure, and atrial fibrillation were unrelated to any of his service-connected disabilities.

The Veteran requested to withdraw his appeal for the issues of entitlement to higher initial evaluations for his scar on the left shin and for PTSD. As a result, these issues are dismissed.

The Board is remanding the claims for service connection for left and right knee disorders, left and right shoulder disorders, headaches, vertigo, and hearing loss to the RO via the AMC for further development before readjudicating these claims on their underlying merits.

The Veteran's appeal for service connection for a bilateral hip disorder has been withdrawn. The Board has granted service connection for left knee disorder as secondary to service-connected bilateral pes planus.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for a left above-the-knee amputation resulting from Department of Veterans Affairs treatment in March 1998. The appeal is remanded due to incomplete records and the need to obtain additional medical records.

The Veteran's left knee disorder is rated at a 10 percent disability effective from June 30, 2005.

The Board has determined that the Veteran's claim of entitlement to service connection for a right knee disorder should be remanded due to insufficient medical opinion regarding pre-service existence and aggravation during service.

The Board found that the Veteran's claimed left heel, knee, and hip disorders are not related to his service-connected left great toenail disability. The claims for service connection were denied.

The Veteran's left knee disability is currently rated as 10 percent disabling due to degenerative changes, but does not meet the criteria for a higher evaluation based on limitation of motion or extension.

The Veteran's service-connected bilateral pes planus was granted with an initial rating of 30 percent, effective May 19, 2010. The claim for higher ratings for the right knee and back disabilities is addressed in the REMAND portion.

The Veteran's right knee disability and degenerative disc disease (DDD) of the lumbar spine were not found to be related to service, and thus denied for service connection. The Veteran's DDD of the lumbar spine was also denied as it did not result in unfavorable ankylosis or incapacitating episodes.

The Veteran's right knee disability and thoracolumbar spine disability are not service-connected, and the TDIU claim is denied.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining VA treatment records and scheduling a VA examination to assess the severity of his service-connected left Achilles tendon repair and any current right leg, bilateral hip, and bilateral knee disorders.

The Board has reopened the Veteran's claim for service connection of a right knee disability and granted it, finding that new evidence submitted since the last final denial shows a relationship between the current condition and military service.

The Board finds that the Veteran's claims of service connection for tinnitus, fibromyalgia, gastrointestinal disorder, left upper extremity disorder to include as secondary to Agent Orange exposure, right knee disorder, and left knee disorder are not supported by the evidence. The preponderance of the evidence does not support a finding that these conditions were incurred or aggravated during active service.

The Veteran's claim for an initial evaluation in excess of 10 percent for her service-connected right knee disorder is being remanded due to the need for additional development, including obtaining updated VA treatment records and scheduling a new VA examination.

The Veteran's initial compensable disability rating for right knee ACL partial tear prior to January 27, 2011 was denied. As of January 27, 2011, the Veteran's claim for a higher disability rating remains unresolved.