Knee decisions — 2007

The Board has reopened the veteran's claim for service connection for a left knee disorder secondary to his service-connected right knee disorder. A VA examination is needed to determine if the left knee disorder is related to service or due to another condition.

The veteran's claims for service connection are being remanded due to the need for additional development, including obtaining medical opinions on the etiology of his claimed disabilities.

The Board has determined that the veteran did not incur gunshot wounds to his right and left knees during service, and thus denied both claims for service connection.

The Board found that the veteran's death was not caused by a service-connected disability and denied the claim for service connection for cause of death.

The Board denied increased evaluations for the veteran's knee disorders, finding that the evidence did not meet the criteria for an evaluation in excess of 10 percent.

The Board has determined that the veteran's arthritis of the lumbar spine, bilateral hips, and bilateral knees are aggravated by his service-connected left lower extremity disorder. The right foot disorder is not shown to be related to any service-connected condition.

The Board denied the veteran's claims for higher evaluations for his service-connected left knee injuries and degenerative arthritis, finding that the current ratings adequately reflect the severity of his disabilities.

The Board of Veterans' Appeals has determined that there is no competent evidence to show a right knee meniscal tear, and thus the veteran's claim for service connection for a right knee meniscal tear is denied.

The veteran's appeal is remanded due to the need for a VA examination and additional records, as his right knee disability has been rated at 100 percent since September 2006 following total knee replacement.

The Board has determined that new and material evidence has not been received to reopen claims for service connection for various conditions, including right knee, ankle, tibia and fibula fractures, PTSD, and hearing loss. The veteran's statements indicate his belief that these conditions are related to his military service.

The Board has remanded the veteran's claims for further development, including obtaining medical opinions to determine if his current back and knee disorders are related to service.

The veteran's claim for an extension of the temporary total disability rating beyond February 29, 2004 was denied as there is no provision in the regulations allowing such a period beyond one year following treatment.,The veteran's claim for increased evaluation for residuals of right TKA was also denied as his condition had improved and did not require convalescence beyond the initial one-year period.

The Board has determined that the veteran's claims for service connection for right knee, right ankle, and left middle finger disabilities require additional development due to the need for a VA examination.

The veteran's service-connected right and left knee disabilities rated at 10% each do not meet the criteria for TDIU as they are not shown to be of such nature or severity as to preclude his participation in any regular substantially gainful employment.

The veteran's claim for special monthly compensation on account of need for aid and attendance or by reason of being housebound is remanded due to inadequate evidence regarding the extent of his service-connected disabilities' impact on daily self-care functions.

The veteran's right knee disability, characterized by full extension and flexion to more than 100 degrees with additional limitation of function due to pain and weakness, has been rated at 30 percent since July 13, 1998.

The case is being remanded for additional examinations and opinions to address the veteran's claims.

The Board denied an initial rating in excess of 10 percent for Baker's cyst of the right knee, finding that the condition manifested with some effect on daily activities but without recurrent subluxation or instability.

The Board has dismissed the veteran's claim for service connection for a right knee disorder due to the failure to file a timely substantive appeal.

The veteran's right knee injury, instability, lumbosacral strain, and thoracic spine strain have been rated at a 20 percent disability level since September 1, 2004. The current rating is based on the presence of periarticular pathology productive of painful motion in the right knee.