Knee decisions — 2013

The Board has remanded the Veteran's claims for further development, including obtaining updated VA examination reports and ensuring all requested development has been completed. The Veteran is also advised to provide any relevant medical records from providers who have treated him since 2011.

The Veteran's service-connected bilateral knee disabilities are currently rated at 40 percent combined, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Veteran's service connection claims for residuals of shell fragment wounds to the right knee, right foot, right fourth finger and lower back have been denied as there is no evidence that these conditions are related to his military service.,Service connection was not granted for residuals of a shell fragment wound of the left eye due to lack of in-service injury or disease.

The Veteran's claim for an increased evaluation for left knee limitation of extension is being remanded due to the need for additional development, including seeking records from his employer and a further examination. The issue of service connection for a back disorder secondary to his service-connected left knee disorder has also been referred to the AOJ.

The Board has granted service connection for right knee arthritis, venous ulcers of the right leg, and residuals of an injury to the right leg as they are likely due to the Veteran's in-service gunshot wound.

The Board has remanded the Veteran's claims for increased evaluations of his service-connected knee and foot disabilities due to procedural issues, including a withdrawal of an appeal regarding tinnitus.

The Veteran's claim for service connection for a low back injury has been reopened and is granted. The claim for service connection for a left knee disability is denied. The claim for an increased rating for left ankle sprain with persistent peroneal tendinitis and pes planus remains pending.

The Veteran's appeal is being returned to the RO for rescheduling a videoconference hearing due to his inability to attend the originally scheduled hearing.

The Board has determined that the Veteran does not meet the criteria for service connection for hearing loss, chronic bronchitis, or hypertension. The claims of service connection for psychiatric disorder (to include PTSD), neck condition, COPD, sinus and allergy problems, left knee condition, right knee condition, right shoulder condition, skin disorder, and hypertension are denied.

The Board has remanded the case due to new evidence received since the November 2011 statement of the case, and further development is required before a final decision can be made.

The Board found that the evidence did not support a finding of service connection for a right knee disorder, as there was no chronic condition present at the time of discharge and any current condition is more likely due to post-service events.

The Veteran's claims for increased ratings and service connection were denied, as the evidence did not meet the criteria for such benefits at the time of his death.

The Board found that the Veteran's left knee disability did not have its clinical onset in service and was not otherwise related to active service. The VA examiner opined that any current manifestations of the left knee disability are more likely due to age and employment history.

The Board has remanded the case for additional development, including obtaining service personnel and treatment records, conducting a VA examination, and obtaining medical records. The Veteran's claim for service connection for his chronic left knee disorder is pending.

The Board has remanded the case for further development and consideration, including obtaining VA treatment records, scheduling an examination to assess the current nature and severity of the Veteran's bilateral knee disabilities, and determining whether semilunar cartilage pathology is present in either knee. The claims will be readjudicated after these actions.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim of service connection for a right ankle disability. The RO denied this claim in February 1995, finding no chronic disorder related to service. New evidence submitted since then does not establish a current right ankle disability.

The Board has determined that the Veteran's current right wrist, knee, and ankle disabilities are not related to his service. The VA physician provided an opinion stating it is less likely than not that these conditions were caused or aggravated by service.

The Board has determined that the Veteran's fatigue and joint pain/aches in areas other than shoulders and knees are related to his service in the Persian Gulf, constituting a qualifying chronic disability under 38 U.S.C.A. § 1117.

The Board finds that the Veteran's right knee disability is not service-connected, as there is no evidence of a nexus between his current condition and either his military service or any service-connected conditions. The VA examiner opined that the current right knee disability is less likely than not due to in-service injury or service-connected left knee disability.

The Board found that there is no current evidence of a right knee disability related to the Veteran's military service and thus denied his claim for service connection.