Knee decisions — 2011

The Veteran's appeal is remanded for additional development, including a VA examination to assess the current severity of his service-connected bilateral knee disabilities.

The Veteran's right knee arthritis has been granted service connection. The status of secondary service connection for left knee arthritis and the service connection for a skin disorder of the feet remains pending.

The Veteran's appeals for increased ratings of his service-connected lumbar strain, right knee arthritis, and left knee arthritis are being remanded due to the need for additional examinations to assess the extent of current functional impairment.

The Board has determined that the Veteran's current left knee disability, including residuals of status post left knee arthroscopy and partial arthroscopic medial meniscectomy, is related to his service. As such, the claim for service connection is granted.

The Board has reopened the Veteran's claim and found that new evidence supports a finding of service connection for his left knee disability, which is considered to be aggravated by his service-connected right knee disabilities.

The Veteran's service-connected disabilities, including coronary artery disease, hypertension, and degenerative joint diseases of the left ankle, right knee, and lumbar spine, have rendered him unable to secure or maintain substantially gainful employment due to his physical limitations.

The Board found that the Veteran does not have a disability of the left knee or left little finger that had onset during active service or is etiologically related to an injury or disease that occurred or was contracted during active service.

The Veteran's claims for increased ratings and service connection were denied. The left knee disability was rated at 30 percent after May 2000, while the lumbar spine disability received a staged rating of 40 percent. Service connection for a left ankle disorder was not granted.

The Veteran's claim for service connection for a psychiatric disorder has been reopened, while his claims for left knee and right knee disorders have both been granted. The decision is mixed as some issues are granted and others are pending.

The Board has determined that the Veteran's vocational rehabilitation training at INSEAD in France was unique and not available in the United States, preventing him from attending due to personal hardship. The criteria for vocational rehabilitation training outside the United States have been met.

The Veteran's left knee disability has been rated as 30 percent disabling since December 16, 2005. The condition is characterized by chronic pain and limited motion.

The VA denied the appellant's claim for an increased rating for his service-connected right knee disability, maintaining a current 20 percent disability rating.

The Board has granted service connection for bilateral glaucoma and an increased rating of 30 percent for right knee disability, effective from June 7, 2006.

The Board found no evidence of a chronic right knee disability in service and denied the claim for service connection.

The Board has determined that additional development is needed to determine if the Veteran was exposed to herbicides or other chemicals during service, and whether his current conditions are related to such exposure.

The Veteran's service-connected disabilities do not meet the schedular requirements for consideration of a TDIU under 38 C.F.R. § 4.16(a), as the combined rating of his service-connected disorders is 40 percent, effective from January 2010.

The Veteran's appeal is being remanded for additional development, including obtaining VA examinations and Social Security Administration records.

The Veteran's right knee disability, including a fused right knee, is not deemed to be due to VA medical treatment. Therefore, the claim for compensation under 38 U.S.C.A. § 1151 for this condition is denied.

The Board has determined that additional development is needed to obtain complete service treatment records and dental records, as well as a VA examination for the Veteran's claimed knee disorders and gum disorder. The claims are being remanded to allow for this development.

The Veteran's claim for a higher rating for his left knee disability was denied because he failed to appear for a scheduled VA examination without providing good cause.