Knee decisions — 2009

The Veteran's claim for special monthly pension based on the need for aid and attendance has been denied as he does not meet the criteria of needing regular aid and attendance due to his medical conditions.

The Board has remanded the case due to insufficient medical evidence to decide the claim, and a VA medical examination is needed to determine if the Veteran's post-service knee disabilities are related to service.

The Board found no current left knee disability and denied the Veteran's claim for service connection.

The Board has determined that the Veteran's right and left knee disabilities did not exist prior to service, were not aggravated by service, and do not have a direct relationship with his military service. As such, the claims for service connection are denied.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining records from the Social Security Administration.

The Veteran's claim for an earlier effective date prior to July 23, 2003 for the grant of a 20 percent rating for service-connected right knee disability is denied as there was no evidence of increased disability before that date.

The Board has determined that the Veteran's current right knee disability is at least as likely as not related to his service, specifically the recurrent swelling of the medial aspect of his right knee during service. Therefore, service connection for a right knee disability is granted.

The Veteran's left knee disorder is rated at 20 percent, and his depressive disorder is rated at 50 percent. The combined rating of both conditions meets the schedular requirements for a TDIU.

The VA Board has determined that the Veteran's current left knee disorder is not related to his active military service and denied his claim for service connection.

The Board has determined that the Veteran's claim for service connection for residuals of right knee injury cannot be reopened due to lack of new and material evidence. The claim for an increased rating in excess of 10 percent for residuals of left knee injury is also denied.

The Board has remanded the case for additional development, including verification of service stressors and VA examinations to determine the nature and etiology of any current left knee disability and disabilities of the feet manifested by blisters.

The Board found that the Veteran's substantive appeal was not timely filed, and thus denied his claims for service connection for squamous cell carcinoma, basal cell carcinoma, Bell's Palsy, right knee disability, hypertension, left eye disability, diabetes, and sleep apnea.

The Veteran's claim for service connection for residuals of a total left knee replacement was granted effective from February 26, 2004. He had previously been denied in 1988 and appealed the decision.

The veteran's claims for service connection and increased ratings were denied. Service connection was not granted for a left hip disorder, and the initial and increased ratings for status post left knee trauma with residual patellofemoral dysfunction were also denied.

The Veteran's claims for increased disability rating for right knee disability and service connection for hearing loss in the right ear, as well as his claim for cervical and thoracic spine disorder were denied. The Board found that the evidence did not support a higher disability rating for the right knee disability.

The Veteran's claim for increased ratings for his right knee disability was denied. The RO had previously granted service connection and awarded a 10 percent rating, which has now been adjusted to 20 percent effective since November 17, 2008.

The Board has remanded the case for further development due to incomplete records and need for additional examinations.

The Veteran's gastroesophageal reflux disease and left knee disorder have been rated at the lowest possible level (10%) for the entire appeal period. The Board finds that a higher rating is not warranted.

The Board has remanded the case for further development due to inadequacies in the previous examination and additional medical opinions.

The Veteran's service-connected disabilities do not preclude him from securing or following substantially gainful employment consistent with his education and industrial background.