Knee decisions — 2011

The Veteran's service-connected degenerative joint disease of the left knee has been manifested by mild degenerative arthritis shown by x-ray evidence, extension to 0 degrees, and limitation of flexion at most to 120 degrees with subjective complaints of pain.,From June 19, 2007, the Veteran's left knee has demonstrated mild instability.

The Veteran's multiple injuries, including bilateral wrist and forearm fractures, fractures of the 3rd, 4th, and 5th fingers, laceration of the knees, and laceration of the forehead, were not caused by an essential activity or function of his VA training program. The Board found that the accident occurred while he was riding a bicycle home from class, which is not part of the authorized activities.

The Board has granted service connection for a right knee disorder as secondary to the Veteran's service-connected right foot disability, including postoperative residuals of an exostectomy.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection for bilateral hearing loss and a left knee disability. The Veteran will be provided an opportunity to obtain clarification of his April 2008 private audiological examination findings, as well as a VA examination to determine the nature and etiology of any current hearing loss and left knee disability.

The Board has determined that additional development is needed to address the Veteran's claims, including obtaining medical records and scheduling examinations.

The Veteran's right hip and right knee disabilities are being remanded for further examination to determine their relationship to his service-connected lumbar spine disability.

The Board finds that the overpayment of VA disability compensation benefits was not properly created due to administrative error, and thus there is no valid overpayment. The Veteran's claim for waiver of an overpayment is granted.

The Veteran's appeal is being remanded due to the need for a hearing before a Veterans Law Judge (VLJ). The claims of service connection for various disabilities are pending.

The Veteran's appeal is being remanded to obtain additional medical records, schedule him for a VA examination, and consider his TDIU claim.

The Board has determined that additional development is needed to address the appellant's claims for service connection, non-service-connected death pension benefits, and accrued benefits due to her spouse's death. Specifically, a medical opinion regarding whether the Veteran's service-connected right knee disability was a contributory cause of his death needs to be obtained.

The Veteran's appeal is being remanded for additional development, including obtaining updated treatment records and scheduling a VA examination to assess the current severity of his service-connected right knee disabilities.

The Board has granted service connection for left knee, right hip, and left hip osteoarthritis as secondary to the Veteran's service-connected right knee disorder.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of his service-connected knee disabilities.

The Board denied an increased rating for the Veteran's left knee disability, finding that his symptoms did not warrant a higher rating based on instability or arthritis. The current 20% rating is maintained.

The Board has remanded the case due to insufficient evidence regarding the appellant's need for aid and attendance or housebound status, requiring further examination.

The Board has determined that the Veteran's service-connected left and right knee disabilities warrant initial noncompensable disability ratings, as they do not meet criteria for a higher rating based on functional impairment or other factors.

The Board denied the Veteran's claims for service connection for a low back disability and an increased rating for his left knee disability, with the exception of a temporary total (100 percent) convalescence rating from August 3, 2001 through December 31, 2001.

The Board denied the Veteran's claims to reopen his service connection for left knee disorder and low back disorder due to lack of new and material evidence.

The Veteran's chondromalacia of the right knee with degenerative arthritis is currently rated at 10 percent, effective January 31, 2003. The claim for a higher rating remains denied.

The Veteran's initial claim for a higher evaluation for degenerative joint disease of the left knee was denied. The condition was rated at 10 percent from April 1, 2004 to September 6, 2007.,For his status post total left knee replacement, the Veteran's claim for an increased rating beyond 30 percent is also denied.