Knee decisions — 2009

The Veteran's service-connected right knee disability, characterized by painful limited motion without limitation of extension to 15 degrees or more, without limitation of flexion to less than 45 degrees, and without recurrent subluxation or lateral instability, is currently rated at 20 percent.

The Veteran's right and left knee disabilities have been evaluated based on their current functional limitations, with the right knee rated at 10% and the left knee rated at 20%. The claims for higher ratings are denied as the evidence does not support a finding that the conditions warrant any increase in disability rating.

The Veteran's appeal is being remanded for additional development to determine if his service-connected disabilities preclude him from securing and following substantially gainful employment.

The Board denied the Veteran's claim for an effective date prior to November 2, 2006 for special monthly pension based on need for aid and attendance. The Board also found that discontinuance of the special monthly pension was proper as of October 1, 2008.

The Veteran's service-connected bilateral knee disabilities have rendered him unable to secure or maintain gainful employment, and the Board has granted a TDIU based on this.

The Board found no evidence of a current disability related to service and denied the Veteran's claim for service connection.

The Board has determined that new and material evidence has been received to reopen the claim of entitlement to Dependency and Indemnity Compensation (DIC) for the cause of the Veteran's death. The evidence now shows a causal connection between the Veteran's service-connected disabilities and his accidental death from a tractor rollover.

The Veteran's appeal is being remanded due to the need for additional development of his medical records, including from the Miami VA Medical Center and any recent surgical procedures or physical therapy related to his right knee.

The Veteran's service-connected disabilities, including his generalized anxiety disorder, have rendered him unable to secure or follow a substantially gainful occupation since July 29, 2004.

The Board has decided to remand the case for further development, including obtaining medical records and ensuring all relevant information is considered.

The Board has determined that the Veteran's left knee and left ankle disabilities were not incurred or aggravated during his active service. The pre-existing conditions are considered to have existed prior to service, and there is no evidence of a new injury or aggravation in service.

The Board has remanded the case for additional development due to the need for a medical opinion regarding the Veteran's bilateral knee condition, including chondromalacia of the knees.

The Board found no evidence of current left ankle, left knee, or cognitive disabilities and denied the Veteran's service connection claims.

The Veteran's chronic left knee disability, diagnosed as anterior cruciate ligament deficiency with instability and arthritis, is found to be secondary to his service-connected right knee disability. The temporary total convalescent rating for the right knee was granted beyond June 30, 2008, and a schedular 100 percent evaluation was assigned from May 7, 2008 onwards.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling VA examinations to assess the nature and etiology of his claimed disabilities.

The Veteran's claims for higher disability ratings for his right and left knee disabilities, as well as his right and left foot disabilities, were denied by the RO. The RO found that the Veteran did not meet the schedular criteria for an evaluation in excess of 10 percent for these conditions.

The Board has determined that a VA examination is needed to assess the current severity of the Veteran's service-connected left knee disability. The appeal will be remanded for this purpose.

The Veteran's initial disability rating for her left knee disability has been granted at a 10 percent level, effective from June 27, 2005.

The Board found no evidence of a right knee or skin disability during service and denied the Veteran's claims for these conditions. The dental claim was also denied as there is no evidence of any dental condition in service.

The Veteran's service-connected disabilities are being reviewed to determine if they result in the need for specially adapted housing or special home adaptation grant.