Knee decisions — 2010

The Board has remanded the Veteran's claims for additional development due to incomplete records and need for medical opinions.

The Board found that the Veteran's bilateral knee arthritis is not etiologically related to his military service or to his service-connected right femur fracture.

The Board found that the Veteran's bilateral knee arthritis is not related to his active service or a service-connected disability, and thus denied both claims for service connection.

The Board has remanded the case for additional development due to procedural defects in VCAA notice and to obtain workman's compensation records.

The Board has ordered the Veteran to be scheduled for VA examinations for his claimed left knee and heart disorders. The case is now REMANDED due to failure to notify the Veteran of the scheduled examinations.

The Veteran had pending claims for service connection and special monthly compensation at the time of his death. The appellant, as a sibling, is not eligible to receive accrued benefits due to the Veteran's receipt of special monthly pension benefits that exceeded his service-connected compensation entitlement.

The Board denied the Veteran's claims for service connection for hypokalemia, a right knee disability, and a back disability due to insufficient evidence of current disabilities or a link between these conditions and active military service.

The Board has remanded the case due to incomplete records and further development is required.

The Veteran's appeal is being remanded to obtain a medical opinion regarding the relationship between his service-connected left ankle disorder and his claimed left knee, hip, and tailbone disorders.

The Veteran's claim of entitlement to service connection for a left knee disability is being remanded due to the need to obtain VA treatment records and conduct an examination to determine if his pre-existing left knee disability was aggravated by military service.

The Veteran's appeal involves multiple service-connected disabilities, and the Board has ordered a new VA examination to assess current functional impairment due to these conditions.

The Veteran's claim for special monthly pension based on the need for regular aid and attendance of another person was denied. However, he is eligible for special monthly pension by reason of being housebound due to his age over 65 and multiple disabilities.

The Board found that the Veteran's current right knee disability was not incurred in or aggravated by active service and may not be presumed to have been incurred therein.

The Board has granted service connection for chondromalacia patella of the right knee and assigned a noncompensable rating. For the period prior to December 13, 2007, the Veteran's disability did not meet the criteria for a compensable rating under VA rating criteria. Beginning December 13, 2007, the Veteran's disability was manifested by mild recurvatum with evidence of weakness and insecurity in weight-bearing objectively demonstrated, warranting a 10% rating.

The Veteran's claims for increased ratings were denied due to his failure to report for scheduled VA examinations.

The Veteran is currently gainfully employed and will likely continue to be so in the foreseeable future, making a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) not warranted.

The Veteran's claims for right knee chondromalacia and a fifth cranial nerve disability due to a dental implant were denied as the evidence did not show an exceptional picture of disability that warranted extra-schedular consideration.

The Board has granted a rating of 20 percent for the Veteran's left knee and tibia disability, effective from August 14, 2002. The appeal is denied on all other issues.

The Veteran's right and left knee disabilities have been granted service connection, but the assigned initial disability ratings of 10 percent for each knee are denied as they do not meet the criteria for a higher rating.

The Veteran's left knee disability was not manifested by severe recurrent subluxation or lateral instability, and there is no evidence of left knee flexion limited to 30 degrees or extension limited to 15 degrees. The criteria for a higher evaluation based on instability or limitation of motion are not met.