Knee decisions — 2011

The Board has remanded the case for additional development, including obtaining updated VA treatment records and scheduling an examination to assess the Veteran's knee disabilities.

The Board has granted service connection for spondylolisthesis of the lumbar spine, bilateral knee strain, and onychomycosis of the feet as these conditions are considered to be directly related to the Veteran's military service.

The Veteran's service-connected residuals of stress fracture of the right knee have not met or approximated criteria for a higher disability rating at any time during the period on appeal.

The Board denied the Veteran's claims for service connection for right ankle disability, left ankle disability, and right knee disability as secondary to a service-connected disease or injury. The examiner concluded that there was insufficient evidence to show a cause/effect relationship between his current disabilities and military service.

The Board has determined that the Veteran's claim for earlier effective date for nonservice-connected pension benefits is denied as there is no evidence showing he filed a claim prior to May 19, 2009.

The Board has reopened the Veteran's claims for service connection for a lumbar spine disability, left knee disability, and acquired psychiatric disorder. However, additional development is needed to determine if these conditions are related to his service-connected right knee disability.

The Veteran has established entitlement to service connection for residuals of a right shoulder sprain, but not for any other claimed conditions. The Board finds that the evidence does not support the existence of current disabilities related to his reported injuries in Iraq.

The Board has determined that the Veteran's left knee disability is service-connected. The right knee issue and compensation under 38 U.S.C.A. § 1151 claims are remanded for further development.

The Board has determined that there is no evidence of a chronic left knee disability during service or at any time thereafter, and thus the claim for service connection for a left knee disability is denied.

The Board has reopened the claim of service connection for left knee arthritis and finds that new evidence supports this reopening. The claim of service connection for cervical spine disability remains denied.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim of service connection for a left knee disability, including as secondary to her right knee disability. The July 2003 RO decision denying this claim is final.

The Board denied service connection for low back and right knee disabilities due to lack of evidence showing in-service injury or condition.

The Veteran's claim for an earlier effective date for a 30% disability evaluation for his left knee disability was denied as the evidence did not show that he was entitled to such a rating prior to September 29, 2005.

The VA determined that the Veteran's current right knee disability is not related to service, and therefore denied his claim for service connection.

The Veteran's initial disability ratings for her residuals of a right knee strain, status post arthroscopic surgery with open lateral release, and her low back pain disability have been granted. Her initial compensable disability rating for her bilateral foot strain with plantar fasciitis has also been granted.

The Veteran's claims for increased ratings for right knee instability and DJD of the right knee have been denied as there is no evidence to support higher ratings at any time during the appeal period.

The Veteran's claims for service connection for various conditions, including bilateral hearing loss, tinnitus, knee disorders, shoulder disorders, elbow disorders, wrist and hand disorders, low back disorder, right ankle disorder, and TMJ (chronic pain), were denied as these conditions are not shown to be related to his military service.

The Board found that the service-connected bilateral knee and pes planus disabilities did not substantially or materially contribute to the Veteran's death from cardiopulmonary arrest due to cardiomyopathy. The VA physician concluded there was no evidence they contributed substantially or materially to his death.

The Veteran's claim for an increased disability rating in excess of 10 percent for his left knee strain is being remanded due to the need for a new VA examination and further development.

The Veteran's claim for compensation benefits under the provisions of 38 U.S.C.A. § 1151 due to bilateral above-the-knee amputations is being remanded for additional development, including obtaining quality-assurance records from VHA.