Knee decisions — 2012

The Board has determined that the Veteran's left and right knee disorders are service-connected as they were incurred or aggravated during his military service.

The Board found that the Veteran's left knee chondromalacia was not caused or aggravated by his service-connected right knee chondromalacia and denied his claim for service connection.

The Board denied service connection for the Veteran's claimed back, bilateral knee, left ankle, and depression disabilities as they are not etiologically related to his military service or a service-connected disability.

The Veteran's death was ruled as a result of suicide, and the Board found that his service-connected disabilities did not contribute to his death. The appellant claimed service connection for the cause of death based on a psychiatric disorder first manifested in service, but the evidence showed no nexus between any service-connected disability and the Veteran's post-service depression. The Board concluded that the Veteran's post-service depression was not a psychosis warranting presumptive service connection.

The Veteran's claims for increased ratings were denied as her conditions did not meet the criteria for a compensable rating under VA regulations.

The VA examiner found no evidence linking the Veteran's current bilateral knee disorder to his military service and concluded that it is less likely than not caused by or a result of his military service.

The Board denied service connection for patellofemoral pain syndrome of the right and left knees, finding that any current knee disabilities are unrelated to service or a disease or injury of service origin, including service-connected Achilles tendonitis of the feet with pes planus and plantar fasciitis.

The Veteran's claim is being remanded for further development, including obtaining VA treatment records and scheduling an orthopedic examination. The Veteran seeks a higher disability rating for his service-connected left knee disability.

The Veteran's claims for increased ratings for bilateral hearing loss and left knee degenerative arthritis were denied as there is no evidence of a change in the severity of his conditions since the most recent examination.

The Veteran's appeal is being remanded for additional development, including obtaining a copy of any June 22, 2009 and/or July 22, 2009 VA C&P examination report as cited by the VA addendum opinion. The case will be readjudicated after this development.

The Veteran's appeal is being remanded due to the need for a hearing before a Veterans Law Judge. The issues of service connection and reopening claims are not addressed as this case has been returned to the Board.

The Veteran's claim for an increased rating for his service-connected right knee disability was granted, with a 30 percent evaluation effective June 1, 2011.

The Veteran's claims of entitlement to increased initial ratings for bilateral plantar fasciitis and service connection for various conditions were denied. The Veteran was not granted any new disability evaluations or service connection.

The Board has determined that the Veteran does not have a right ankle disability or skin disability (pseudofolliculitis barbae) that was incurred in service. The claim of service connection for bilateral knee disability is reopened based on new evidence provided by the Veteran's VA orthopedic provider.

The Board has reopened the claim for service connection for chondromalacia of the left knee and granted a rating of 40 percent, effective from when the original claim was filed. The Veteran's current bilateral chondromalacia patella is not related to service.

The Board has determined that the Veteran incurred a right medial meniscal tear during active service and this condition is considered to have been aggravated by service. As such, the claim for service connection for right knee disability is granted.

The Board has reopened the Veteran's claims for service connection for right and left knee disabilities, but remands them for further development as a VA examination is needed to determine if the current disabilities are related to service.

The Veteran's claims for increased ratings for his service-connected bilateral knee disabilities and entitlement to TDIU are being remanded due to the need for additional development, including a VA examination.

The Veteran's claim for basic eligibility for educational assistance under Chapter 33, Title 38, United States Code is denied as his service was characterized as honorable conditions and the reason for discharge was misconduct, not a service-connected disability.

The Veteran's right knee disability, including arthritis prior to surgery and post-surgery total replacement, is rated at 20 percent for the period before September 28, 2006, and at 30 percent from November 1, 2007. The higher ratings are not warranted.