Knee decisions — 2012

The Board denied the Veteran's claim for an increased rating for his service-connected degenerative joint disease of the left knee, finding that the evidence did not meet the criteria for a higher rating.

The Board found that the Veteran's current right knee disorder is not related to her active service, including as secondary to a service-connected disability.

The Veteran's claims for service connection for a skin disability, blackouts, and shrapnel wounds in the right leg and knee were denied as there was no evidence of exposure to mustard gas or other conditions that could be presumed due to service. The claim for foot fungus is pending.

The Veteran's right hip greater trochanteric bursitis with degenerative joint disease and left knee patellofemoral syndrome and osteoarthritis have not met the criteria for a rating in excess of 10 percent. The Board found no evidence to support higher ratings based on functional loss due to pain or other factors.

The Veteran's tinnitus is related to his active duty service and the Board grants entitlement to service connection for tinnitus. The case is remanded for additional development regarding bilateral hearing loss and bilateral knee disorder.

The Board found no evidence of a chronic left knee disability that is causally or etiologically related to the Veteran's active duty service. The claim for service connection was denied.

The Veteran's appeal is denied as the current evaluations for his left knee disability do not meet the criteria for an evaluation in excess of 20 percent prior to November 19, 2009, and in excess of 30 percent as of January 1, 2010, for a limitation of left knee extension. The Veteran is also denied a compensable evaluation prior to March 8, 2010, and in excess of 10 percent as of March 8, 2010, for a limitation of left knee flexion.

The Board has determined that the Veteran does not have a current disability for which service connection can be granted for his back, neck, right knee, left knee, or frostbite residuals.

The Board has remanded the claims due to incomplete development, including obtaining MRI reports and conducting a VA examination. The Veteran's right knee and right ankle disabilities are at issue.

The Board has granted service connection for right and left knee disabilities, as well as SOD. The Veteran's claim for a higher initial rating for ureteral stricture with hydronephrosis and renal colic is granted to the extent of a 30% disability rating.

The Veteran's claims for service connection, increased ratings, and TDIU are being remanded due to the need for additional development including obtaining medical records from SSA, scheduling a VA examination, and considering whether further examinations or social industrial surveys are necessary.

The Board has remanded the case for additional development, including obtaining medical records from the University of South Alabama and ensuring that all relevant evidence is considered in deciding whether new and material evidence has been received to reopen the Veteran's claim for service connection of a right knee disability.

The Veteran's appeal was denied as he did not meet the criteria for a temporary total disability rating based on treatment requiring convalescence for 30 days or more due to his service-connected left knee disability.

The appeal for service connection of a bilateral knee disability, left shoulder disability, and an initial evaluation in excess of 70 percent for PTSD prior to January 25, 2010, has been dismissed as the appellant withdrew their appeal.

The appeal is being remanded to schedule the Veteran for a hearing before a member of the Board sitting at the RO or via live videoconference.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of his service-connected right knee disability.

The Board has granted service connection for left knee disorder and insomnia as secondary to the Veteran's service-connected disabilities.

The Veteran's claim for service connection for a left knee disorder has been reopened and granted.,There is no clear and unmistakable error in the May 2003 rating decision that denied service connection for chloracne, nor was there CUE in the March 1997 rating decision that assigned an initial evaluation of 10 percent for PTSD.

The Veteran's right below-the-knee amputation was not shown to be related to his service-connected diabetes mellitus at the time of his death, and thus he is not entitled to accrued benefits for this condition.

The Veteran's claims for increased evaluations of his right knee disability and TDIU are being remanded due to the need for additional development, including obtaining VA treatment records and private medical records.