Knee decisions — 2010

The Veteran's claim for special monthly pension based on the need for aid and attendance of another person was denied as he is not so nearly helpless as to require regular aid and attendance. The claim for housebound benefits was also denied due to his ability to perform most daily activities.

The Board has granted a higher rating of 60 percent for the Veteran's left knee disability, effective from February 1, 2005. The previous maximum rating of 30 percent was already in place due to severe impairment including recurrent subluxation and lateral instability. Since December 15, 2003, when he underwent total left knee replacement, the Veteran has had chronic residuals consisting of severe painful motion or weakness.

The Board has remanded the case for additional development, including obtaining service treatment records and verifying periods of active duty. The Veteran's claims will be reconsidered based on the new evidence.

The Veteran's appeal is remanded to address the issue of entitlement to a total disability rating based upon individual unemployability (TDIU) due to his service-connected left knee disability. The RO must ensure all necessary notification and development have been completed, including review of additional evidence since the February 2010 Supplemental Statement of the Case.

The Veteran's current right and left knee disorders are not service-connected. The Board finds that the preponderance of evidence is against a finding that any current knee disorder is related to his active military service.

The Veteran's left knee sprain with patella bipartita was not productive of slight lateral instability or a limitation of extension to 10 degrees, or a limitation of flexion to 45 degrees during the periods in question. As such, he is not entitled to an increased rating for this condition.

The Board has determined that the Veteran's current diagnoses of hemorrhoids, right knee disorder, and left knee disorder are not related to his military service. The claims for service connection have been denied.

The Veteran's appeal is being remanded due to the need for a Travel Board hearing.

The Veteran's claims for service connection for bilateral knee, left hip and low back disabilities are being remanded due to inadequate medical opinions regarding the relationship between these conditions and his service-connected disabilities.

The Veteran's claims for increased ratings and reopening of a previously denied claim were denied. The right thumb disorder claim was not reopened due to lack of new and material evidence, while the knee disability claims had their rating decisions affirmed.

The Veteran's claims for earlier effective dates were denied as the evidence did not show that any of his service-connected disabilities warranted an earlier effective date than November 9, 2007.

The Veteran's cervical spine, low back, left hip, right hip, left knee, and right knee disabilities are being remanded for additional development due to the need to address the impact of his airborne training. The ankle disabilities are separate from the thoracolumbar degenerative disc disease or degenerative joint disease.

The Veteran's service-connected disabilities effectively resulted in the permanent loss of use of at least one foot or one hand, warranting assistance in acquiring an automobile or other conveyance and adaptive equipment.

The Veteran's claims are being remanded for further development, including obtaining his service personnel records and scheduling him for VA examinations to assess the nature, extent, onset, and etiology of his claimed conditions. The claims will also be considered under the provisions of 38 U.S.C.A. § 1117 and 38 C.F.R. § 3.317 for Persian Gulf War service.

The Board denied the appellant's claim for recognition as a child of the Veteran for purposes of receiving VA benefits due to lack of evidence showing she was permanently incapable of self-support prior to age 18.

The Veteran's left total hip arthroplasty is not related to his service-connected overuse syndrome of the left knee and degenerative changes in the right hip, and thus service connection for this condition cannot be granted.

The Board has remanded the case due to the need for further evidentiary development, including a VA examination.

The Board's decision regarding the left knee disability was vacated and remanded by the Court, so there is no final decision for the Board to review on CUE. The motion is dismissed.

The Board found that the Veteran's back disability did not manifest during service or within one year of separation, and thus denied his claim for service connection. The same was true for his right and left knee disabilities.

The Veteran's appeals for increased disability ratings were denied as he did not file a timely substantive appeal.