Knee Board decisions

The Veteran's claims for increased ratings and effective dates have been denied. The Board found that the appropriate effective date is April 24, 2009.,For the period prior to April 24, 2009, the Veteran did not meet the schedular criteria for a TDIU.

The Board has determined that the Veteran's current back disorder was not incurred in or related to service, and thus denied his claim for service connection. The right knee disorder issue remains pending as it is unclear if secondary service connection can be established.

The Veteran's death was caused by an accidental drug overdose, which is considered the result of his own willful misconduct. The service-connected disabilities and prescribed medications did not contribute to his cause of death.

The Board has determined that additional development is necessary before the claims can be decided, including obtaining an addendum opinion from a VA examiner regarding the Veteran's right knee disorder and addressing his complaints of 'trick' or locked knee noted at the time of his separation from service in May 1979. The TDIU claim is also remanded as it is inextricably intertwined with the claims for right knee and back disorders.

The Board has denied the Veteran's claim of service connection for a right knee disability due to lack of competent evidence of a current disability. The Veteran was treated for a right knee strain during his military service, but no current right knee disorder is currently shown.

The Veteran's appeal includes issues regarding higher initial ratings for his right knee and right elbow disabilities, as well as a claim for TDIU. The case is being remanded to obtain additional evidence and adjudicate these claims.

The Veteran asserts that he injured his left knee during basic training, but the VA examiner found no evidence of a pre-existing condition aggravation. The case is being remanded for further development including obtaining private treatment records and arranging for an examination.

The Veteran's Osgood Schlatter's disease with DJD of the left knee has been rated at 10 percent, which is the maximum schedular rating available for this condition. The current symptoms do not warrant a higher rating as there is no evidence of instability or other conditions that would justify an increased rating.

The Board has determined that the Veteran's current knee disability is not related to his active service and therefore denied his claim for service connection.

The Veteran's claims for service connection were granted, and he was assigned a 30 percent rating for his vertigo as of November 27, 2006. The issues of increased initial ratings for TBI-related disabilities and entitlement to TDIU are also addressed.

The Board found that the Veteran's symptoms of instability in his right knee do not warrant a separate rating, but did grant him a higher rating for his service-connected chondromalacia of the right knee on an extraschedular basis.

The Veteran's appeal is being remanded due to the need for additional development, including a VA examination to assess the current severity of her left knee disability.

The Veteran's appeal is being remanded to allow for additional medical examinations and opinions regarding his right knee disability, right hip disability, and liver disorder. The goal is to obtain a complete record upon which the Board can make an informed decision.

The Board found that the Veteran's additional disability was not caused by VA carelessness, negligence, or lack of proper skill. The evidence did not support a finding that the event was not reasonably foreseeable.

The Board denied entitlement to TDIU prior to April 9, 1996 due to the Veteran's right knee disability not meeting the criteria for such a determination.

The Veteran's initial ratings for right and left knee patellar tendonitis were denied as the evidence did not meet the criteria for a higher rating under applicable diagnostic codes.

The Board found that the Veteran's right knee disability is not related to his service-connected left knee residuals of GSW with retained foreign body with scar, and thus denied both claims for increased rating and service connection.

The Veteran's right knee and low back disabilities are related to his service-connected left knee, resulting in service connection being granted for these conditions.

The Board has determined that new and material evidence has been received to reopen the claims for service connection for right and left knee disabilities. The case is being remanded for further development, including a VA examination.

The Board has determined that the Veteran's current degenerative joint disease of the right and left knees did not have its onset during service or within one year after separation, and is not related to his military service.