Knee decisions — 2009

The Veteran's right lower extremity disabilities, including muscle injuries and degenerative joint disease of the knee, have rendered him unable to secure or follow a substantially gainful occupation. The Board has determined that he meets the criteria for TDIU based on his service-connected disabilities.

The Veteran's service-connected disabilities have effectively precluded locomotion without the aid of assistive devices, such as braces and crutches. As a result, he is entitled to a certificate of eligibility for assistance in acquiring specially adapted housing.

The Veteran's claim for special monthly pension based on the need for regular aid and attendance by another person or due to being housebound is denied as he does not meet the criteria for such benefits.

The Board has determined that the Veteran's current left knee and foot conditions are not related to his in-service motorcycle accident, and thus have denied service connection for these conditions.

The Board has determined that additional development is necessary in this case, including obtaining service treatment records and scheduling the Veteran for VA examinations to determine the existence of current low back, bilateral knee, and septoplasty disabilities, as well as their etiology. The claim will be returned to the Board after compliance with requisite appellate procedures.

The Veteran's appeal is being remanded for further development, including obtaining a VA medical opinion regarding the etiology of his impotence and evaluating his service-connected disabilities.

The Veteran's overpayment of $10,353.00 in disability compensation is partially waived due to the VA's failure to timely adjust his benefits after he notified them of his incarceration.

The Board found no evidence linking the Veteran's current right knee disorder to his military service and denied his claim for service connection.

The Veteran's service-connected disabilities, combined at 90%, do not render him unable to secure or follow a substantially gainful occupation.

The Board denied the Veteran's claims for service connection for various conditions, finding that there was no evidence of current disabilities or residuals from injuries sustained during his military service.

The Veteran's degenerative joint disease of the right knee is currently rated at 10 percent, but does not meet the criteria for a higher rating based on limitation of motion.

The Veteran is entitled to the services outlined in his Individual Independent Living Plan (IILP) for the period from July 27, 2005 to August 1, 2006.

The Board has denied all service connection claims for various musculoskeletal and eye conditions, finding that the evidence does not support a nexus to service.

The Board denied the Veteran's claim for automobile and adaptive equipment or for adaptive equipment due to lack of loss of use of a foot or both feet, or ankylosis of one or both knees resulting from service-connected disabilities.

The Veteran's service-connected disabilities, which include tinea cercinata and a residual right below-the-knee amputation from verrucous carcinoma, prevent him from obtaining and retaining substantially gainful employment. The Board has determined that the criteria for a TDIU are met.

The Board has remanded the claims due to inadequate examination and opinion regarding the relationship between the Veteran's knee disabilities and his service-connected pes planus disability.

The Board denied the Veteran's claims for a higher disability rating for his left knee condition and service connection for an upper back disorder.

The Board has determined that the Veteran's claimed disabilities are not related to his military service and have denied all claims for service connection.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU as they are less than 100 percent disabling. However, his unemployability is due to his service-connected lumbar spine disability.

The Board denied the Veteran's claims for effective dates earlier than June 9, 1999 for service connection of his bilateral knee disabilities and denied his requests for higher initial ratings.