Knee decisions — 2012

The Board has remanded the case due to incomplete records and needs further examination of the Veteran's knee and ankle disabilities. The appeal is pending until further notice.

The Veteran's left knee disability was not incurred in or aggravated by active service and is denied.

The Board has found that new and material evidence had been submitted to reopen the claim for service connection for a left knee disorder. However, due to issues with the VA examiner's opinion regarding the Veteran's x-rays from 2009, the case is being remanded for another VA examination.

The Board has determined that a VA examination is needed to determine the etiology of the Veteran's left knee disability and whether it is related to his military service. The appeal will be remanded for this purpose.

The Board has determined that the July 2004 RO rating decision, which continued a 10 percent rating for right knee patellofemoral pain syndrome with hypertextension under DC 5299-5257, was not the product of clear and unmistakable error (CUE). The appellant's service-connected right knee disability results in symptomatology analogous to recurrent instability and subluxation which is no more than slight in degree. The criteria for a rating greater than 10 percent for right knee patellofemoral pain syndrome with hypertextension have not been met, as the symptoms are consistent with patellofemoral pain.

The Veteran is granted an annual clothing allowance for the 2010 calendar year due to his service-connected skin disorder causing permanent stains on his clothes.

The Board found that new and material evidence had been presented to reopen the Veteran's claim for service connection, but determined that the criteria for service connection were not met.

The Veteran's service-connected left knee disability was rated at 10 percent prior to November 26, 2008 and is currently rated as 60 percent disabling for rheumatoid arthritis affecting the bilateral ankles, wrists, hands, knees, and back. The Board found that a higher rating was not warranted.

The Veteran is seeking service connection for a left knee disorder, including chondromalacia. The Board has decided to remand the case for further development and an examination.

The Veteran's claims for increased ratings were granted, with a 10 percent rating maintained for her chronic ligament strain of the left ankle and post-operative left knee condition. A separate 10 percent rating was assigned for her left knee arthritis.

The Board has granted service connection for a right knee condition, finding that the Veteran's current right knee disability is related to his in-service injuries. The remaining issues are addressed on remand.

The Veteran's appeal is being remanded to obtain updated VA treatment records, additional FMLA-related records, and a new VA examination. The TDIU issue will be considered in conjunction with the increased rating claims.

The Veteran's claims for increased ratings for her back and left knee disabilities were denied. Her right knee disability claim is pending.

The Veteran's appeal is being remanded to document the current severity of his left knee disability due to reported worsening symptoms. The case will be returned to the RO for further action.

The Board has decided to remand the case due to the need for additional development, including a VA examination and opinion regarding the etiology of any right knee disability. The Veteran's claim will be readjudicated based on all evidence.

The Veteran's claims for service connection are being remanded due to the unavailability of her service treatment records and the need for additional medical examination.

The Board found that the appellant's preexisting right knee disability did not aggravate during service and thus denied his claim for service connection.

The Veteran's appeal is being remanded for further development, including obtaining additional medical records and scheduling a VA neurological examination to determine the etiology of his right knee/leg disability. The increased rating claim for bipolar disorder with associated anxiety will also be readjudicated after the PTSD claim has been finally adjudicated.

The Board has determined that the Veteran's right knee and right ankle disabilities did not manifest during or as a result of active military service, nor are they secondary to his service-connected left knee disability. The evidence does not support a finding that these conditions were incurred in service.

The Veteran's right knee disability is currently rated at 40 percent, effective from December 1, 2004. The Board found that the evidence did not support a higher rating for this period.