Knee decisions — 2009

The Board has determined that the Veteran's left leg, left knee, and lumbar spine disabilities are related to his service. As a result, these conditions have been granted service connection.

The Veteran's claims for service connection were denied as new and material evidence was not presented to reopen the claims, and the underlying claims of service connection were also denied.

The Veteran's service-connected left wrist disability is rated at 30 percent, and the appeal for increased ratings of his right and left wrist disabilities as well as his right and left elbow disabilities has been granted.

The Board has decided that the Veteran's claim for service connection for a right knee disorder should be remanded due to incomplete service treatment records and missing medical records from Social Security Administration (SSA). The Veteran must provide copies of all service treatment records in his possession, complete any necessary development as directed by M21-1MR, Part III, Subpart iii, Chapter 2, and receive legally adequate notice for the claim on appeal.

The Board has determined that the Veteran's service-connected disabilities necessitate the need for regular aid and attendance of another person, warranting entitlement to special monthly compensation based on such need.

The Board denied the Veteran's claims for higher initial ratings for his right and left knee disabilities, finding that they did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's service-connected disabilities, including lumbosacral disc disease at L5-S1 and post-surgical left knee injury, have resulted in the need for special adapted housing or adaptive equipment. The Veteran is also eligible for special monthly compensation based on his need for regular aid and attendance.

The Board denied the Veteran's request for an extension of a temporary total rating for convalescence following his left knee surgery, and also denied his claim for a higher rating for his service-connected internal derangement of the left knee.

The Veteran's service-connected disabilities have rendered him unable to engage in substantially gainful employment, consistent with his education and occupational experience.

The Veteran's claims for service connection for right knee disorder, low back disorder, left elbow disorder, and right shoulder disorder were denied. The claim for service connection for left eye episcleritis (claimed as episcleritis) was granted.

The Board is remanding the Veteran's claim to the RO for further development and consideration due to issues related to the diagnosis of a left knee disability, its causation, and whether it was caused by VA care.

The Veteran's muscle strain and tendonitis of the left knee are currently rated at 10 percent, but do not meet the criteria for a higher rating.

The Veteran's right hip disability is currently rated at 20 percent, effective March 22, 2005. The Board finds that the evidence supports a higher evaluation for his right hip disability.

The Veteran's claims for increased ratings for his service-connected right knee disabilities and the CUE claim were all denied. The Veteran's service-connected right knee conditions are currently rated as 10 percent disabling.

The Veteran's service connection claims for right and left knee disabilities, as well as his psychiatric disability (PTSD), were denied. The claim for increased ratings for low back disability was also denied.,For the period prior to July 26, 2005, the Veteran's service-connected low back disability was rated at 10 percent. From that date onwards, it was rated at 20 percent.

The Veteran's appeals for service connection and increased ratings have been withdrawn. The appeal for tinnitus has been denied as the Veteran is already receiving the maximum schedular rating available.

The Veteran's right knee arthritis was previously rated at 10 percent prior to January 2, 2008 and is now rated at 20 percent from that date. The claim for increased ratings remains denied.

The Veteran's knee disability led to his termination from employment with the South Carolina Department of Corrections, and he is now studying for a bachelor's degree in elementary education. The case is being referred for extraschedular consideration due to the impact on his work.

The Veteran's claims for increased ratings and service connection have been denied. The Board found no evidence of very frequent completely prostrating and prolonged attacks for the migraine headaches, which is required for a higher rating under Diagnostic Code 8100. For tinnitus, there is no provision for separate evaluations in each ear under DC 6260.