Knee decisions — 2010

The Veteran's residuals of a July 2002 fight are denied due to willful misconduct.,The Veteran's TBI is granted as incurred in the line of duty.

The Veteran's need for regular aid and assistance of another person has been established, allowing him to receive special monthly pension at the aid and attendance rate. However, his mental competency status remains unclear.

The Veteran's claims for higher ratings for his right knee and headache disabilities are being remanded due to the need for updated medical evaluations.

The Veteran's appeal is being remanded for additional examination and consideration of his increased rating claims, as well as the earlier effective date claim. The case will be returned to the Board after these actions are taken.

The Board has determined that new and material evidence was not received to reopen the Veteran's claims for service connection for right knee disorder and left knee/leg disorder. As a result, these claims remain denied.

The Veteran withdrew his appeal concerning all issues, including the reopening of service connection claims and the entitlement to service connection for bilateral knee disabilities.

The Veteran's combined service-connected disability rating is at least 70 percent, meeting the criteria for a TDIU from January 5, 2009. The Veteran has been unable to secure and follow a substantially gainful occupation due to her service-connected disabilities.

The Veteran's service-connected left knee disabilities have been evaluated at 10 percent throughout the rating period. The Board found that the evidence did not support a higher evaluation for either condition.

The Veteran's left knee disability is rated at 60 percent effective February 1, 2008. The rating reflects chronic residuals consisting of severe painful motion or weakness in the affected area.

The Board found that the Veteran's left knee disorder was not caused by or aggravated by active military service and is not proximately due to or aggravated by his service-connected right knee injury.

The Board has remanded the case due to the Veteran's request for a video hearing and the revocation of his current representative. The issues include reopening the claim for service connection for hearing loss, as well as claims for various other conditions.

The Board has determined that the Veteran does not have current right or left knee disabilities and therefore, service connection for these conditions is denied.

The Veteran requires the assistance of another person in meeting his daily needs, as well as to protect himself from the hazards and dangers of his daily environment due to service-connected disabilities. The Board has determined that he meets the criteria for aid and attendance.

The Board has determined that the Veteran's chondromalacia of both knees does not warrant an increased disability evaluation beyond the current 10 percent rating.

The Board has determined that the Veteran's heart disorder, sleep disorder, and left knee disorder were not incurred in or aggravated by active service. The claims for these conditions have been denied.

The Board finds that the Veteran's preexisting polio syndrome increased in severity during service and is related to his military service, granting service connection for bilateral knee arthritis.

The Board has granted service connection for tricompartmental osteoarthritis of the left knee, finding that the Veteran's current condition is related to his in-service injury.

The Board finds that the Veteran's left knee arthritis is likely attributable to his period of military service and grants service connection for this condition.

The Veteran's appeal is being remanded for the RO to consider additional medical evidence and provide an SSOC, including a VA examination of his left knee disabilities.

The Veteran's claims for service connection for various orthopedic conditions, including right shoulder, back, left hip, bilateral ankle, right foot and right knee disorders are denied as there is no current evidence of these conditions. The claim for a right hip disorder remains pending.