Knee Board decisions

The Veteran's appeal is being remanded for additional development, including obtaining private treatment records and a VA examination to address the claims of negligence in his care.

The Veteran's knee disabilities and PTSD are not shown to warrant a higher disability rating.

The Board has determined that a VA examination is needed to determine if the Veteran's current left knee disability is related to his service in Vietnam. The Veteran will be given another opportunity to provide any additional evidence.

The Veteran's left knee disability, characterized by internal derangement and hypertrophic degenerative arthritis, was found to not meet the criteria for a rating in excess of 10 percent. The disability did not result in limitation of motion or instability that would warrant higher ratings under relevant diagnostic codes.

The Veteran's claims for increased evaluations of his service-connected knee, neck, back, and PTSD disabilities were denied. The Board found that the current evaluations did not adequately reflect the severity of the disabilities.

The Board denied service connection for psychiatric disability, cervical spine disability, and right knee disability. The Veteran's claims were not decided on the merits of these conditions.

The Veteran's appeal is remanded to the RO for a Video Conference hearing and further development as requested. The issues include reopening of PTSD service connection, bilateral hearing loss, hypertension, antral gastritis, limitation of flexion/extension of left knee, right knee disability, lumbar spine disability, and fracture to navicular bone.

The Board has remanded the claim due to incomplete verification of service records and the need for a VA examination to determine if the Veteran's left knee disorder is related to his military service, specifically whether it was aggravated by an injury during basic training.

The Veteran's osteoarthritis of the left hip, claimed as bursitis, is found to be secondary to her service-connected left knee disorder. The right knee disorder is also found to be secondary to her service-connected left knee disorder.

The Veteran does not have an additional left knee disability as a result of VA surgical treatment in April 2006 found to be proximately due to VA carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.

The Veteran's claims for higher initial evaluations for bilateral lower extremity radiculopathy have been dismissed due to the failure to file a timely substantive appeal.,The Veteran's claims for service connection for bilateral hearing loss, right hip and left shoulder disability, right knee disability, acquired psychiatric disorder, and respiratory disability (claimed as lung disease due to asbestos exposure) have been dismissed due to the failure to file a timely substantive appeal.

The Veteran's special separation benefits (SSB) in the amount of $40,532.76 received upon his discharge from service is to be recouped by withholding VA disability compensation.

The Veteran's appeal has been withdrawn due to his request for withdrawal of the claims for service connection for hearing loss and tinnitus.

The Board found that the Veteran's claimed knee, leg, cervical spine, lumbar spine, and carpal tunnel disabilities were not incurred or aggravated by active military service.

The Veteran's claims for bilateral heel spurs, left zygoma disorder, and knee disorders were denied as there is no current diagnosis of these conditions.

The Veteran's left knee injury residuals with chondromalacia patella are currently rated at 30% disabling, and his left knee osteoarthritis is rated at 10%. The VA has determined that these ratings adequately reflect the severity of the veteran's conditions.

The Veteran's service-connected left knee ligament laxity is not characterized by moderate recurrent subluxation or lateral instability, and therefore does not warrant a higher disability rating.

The Board denied the Veteran's claims of service connection for right knee disorder, COPD or asbestosis, pulmonary hypertension, vascular hypertension, and sinusitis. The Board found that there was insufficient evidence to establish a link between these conditions and his military service.

The Board has determined that additional development is needed to clarify the relationship between the Veteran's bilateral knee sprain and his service-connected right ankle sprain, as well as whether the knee disability is secondary to the ankle disability.

The Board has ordered additional development due to the need for a VA examination and consideration of new evidence.