Knee decisions — 2013

The Veteran's appeals for an effective date earlier than July 11, 2005 for the award of service connection for plantar warts on both feet and for initial compensable ratings for plantar warts on both feet have been withdrawn.,The Veteran's appeals for an initial rating higher than 10 percent for residuals of patella replacement of the right knee with instability, a rating higher than 30 percent from August 1, 2007 for chondromalacia patella of the right knee, status post patella replacement, and an initial rating higher than 10 percent for disc protrusion L4-L5 with lumbar sacral junction disturbance have been withdrawn.,The Veteran's appeal for an initial rating higher than 10 percent for chondromalacia patella of the left knee has also been withdrawn.

The Veteran's service-connected bilateral knee disabilities and low back disability render him unable to secure or follow substantially gainful employment due solely to these conditions.

The Board has determined that a new examination is needed for the Veteran's claims as the previous VA examinations were based on inaccurate factual premises and did not consider all relevant evidence. The claims are being remanded to allow for further development.

The Board has determined that the Veteran does not have a right leg or knee disorder, including osteoporosis, that is attributable to active military service.

The Board has remanded the case for additional development, including obtaining Social Security Administration records and a VA psychiatric examination to determine if the Veteran's posttraumatic stress disorder is related to service. The claims will be reconsidered based on the new evidence.

The Veteran's claims for increased ratings were denied as her conditions did not meet the criteria for higher disability ratings under the applicable rating schedule.

The Board has granted service connection for duodenal ulcer and chronic cervical strain, finding that these conditions were first manifested during active service. The Veteran's claims for other disabilities are remanded.

The Veteran's increased ratings for right and left knee disabilities were denied. The claim for a total disability rating based on individual unemployability is moot due to the grant of a 100% schedular rating for service-connected acquired psychiatric disorder.

The Veteran's right knee disability has been rated at 10 percent disabling, and the evidence does not support a higher rating.

The Board has remanded the case due to the Veteran not receiving notification of a scheduled videoconference hearing. The appeal is related to reopening claims for service connection and seeking service connection for insomnia.

The Board found that the Veteran did not file a timely Notice of Disagreement (NOD) to the December 2008 rating decision, which denied his claims for service connection for various conditions. As such, the appeal was denied.

The Board found that the Veteran's death was not caused by or a result of service-connected disabilities, including his left knee disability and Still's disease. The cause of death was determined to be an occipital-atlantal separation due to a motorcycle accident where the Veteran lost control of his vehicle while under the influence of alcohol.

The Board has remanded the Veteran's claims of entitlement to a compensable disability rating for service-connected tension headaches and entitlement to total disability rating due to individual unemployability as a result of service-connected disabilities. The case is being returned to the RO for further development.

The Board has determined that the Veteran's left knee disability is service-connected, as it was caused by a fall from a tree in 2002 and not due to his service-connected right knee disabilities. The claim is granted.

The Board found that the Veteran's pre-existing left knee disorder did not become permanently aggravated during service, and thus denied his claim for service connection.

The Board denied the Veteran's claims of service connection for right knee and ankle disabilities, finding that there was no current evidence of these conditions. The denial is based on a lack of probative medical evidence demonstrating the existence of a current disability.

The Veteran's claim for an increased rating for her right knee disability is being remanded due to the need to obtain private treatment records and a new VA examination.

The Veteran's appeal is remanded due to the need for a new VA examination of his left knee, as there may have been a material change in the level of disability since the last examination. Additional treatment records should also be obtained.

The Veteran's claims for increased ratings for his service-connected right knee disabilities are being remanded to obtain additional medical records and to seek an addendum opinion from the May 2008 VA examiner.

The Board found no current evidence of a right knee disability and denied the Veteran's claim for service connection.