Knee decisions — 2011

The Board has remanded the case due to issues regarding proper notice and development of missing VA medical records.

The Veteran does not have a chronic disorder manifested by bilateral knee disability, right sciatica, or headaches. The Board finds that the claims for these conditions must be denied.

The Board has dismissed the appeal due to the Veteran's death, and no decisions were made regarding service connection claims.

The Veteran's service-connected fragment wound to the left thigh is currently rated at 10 percent, and his claim for a higher rating has been granted. However, his secondary knee disorder claim has been denied.

The Board has determined that the Veteran's pre-existing left knee disability was aggravated during service, and therefore grants service connection for a current left knee disability.

The Board has restored the 30 percent evaluation for residuals of a left knee injury, status post arthroscopic repair from February 1, 2004. The Veteran's current symptoms and medical evidence do not support an evaluation greater than 30 percent.

The Veteran's claim for special monthly compensation (SMC) based on loss of use of both legs is denied as he does not have the anatomical loss or loss of use of both legs due to service-connected disabilities.

The Board denied the Veteran's claims for service connection for a thyroid disorder and bilateral knee disorder, finding no evidence of such disorders during or within one year after service. The Veteran did not provide credible evidence to support his assertions of continuity of symptoms.

The Board finds that additional development is required before the issues of service connection for right and left foot disorders are ripe for adjudication upon the merits.

The Veteran's service-connected disabilities (right knee arthritis, quadriceps atrophy, painful scars of the right knee, and shortening of the lower extremity) are sufficient to render him unemployable without regard to advancing age.

The Veteran's bilateral knee disabilities have been granted service connection and assigned initial evaluations. The left knee disability is currently rated as 10 percent disabling, effective May 24, 2004. The right knee disability was initially evaluated at 10 percent from May 24, 2004 to July 7, 2010, and then increased to 20 percent beginning July 8, 2010.

The Board has determined that the Veteran's current right knee disability is not related to his active service, and thus he cannot establish service connection. The case is being remanded for further development including obtaining medical opinions from the Veteran's private physicians and a VA examination.

The Board has dismissed the appeal due to the death of the appellant, and thus no jurisdiction remains to adjudicate the merits of this claim.

The Board has determined that the Veteran's current left and right knee disabilities are etiologically related to her active service, resulting in a grant of service connection for these conditions.

The Board denied the Veteran's claims for higher disability ratings for service-connected left and right knee chondromalacia, finding that there was no evidence of additional disability due to instability or other factors warranting a higher rating.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and arranging for a VA examination to assess the severity of his right knee disability and any right foot numbness. The case will also be considered for an extraschedular rating and TDIU.

The Board has granted the Veteran's petition to reopen her previously denied claim for service connection for a bilateral knee disorder. The Veteran now seeks service connection for this condition, which she contends is secondary to her service-connected lumbar spine disability.

The Veteran's knee and hip disabilities, as well as his wrist disabilities, were not present during service or within one year of discharge. The VA examiner concluded that the current diagnoses are less likely related to military service.

The Board has determined that the Veteran's current right knee disability, status post right knee arthroplasty, and low back disability, diagnosed as lumbar spine strain, are related to service. The appeal is granted for these conditions.

The Veteran's service-connected left knee disability warrants a 10 percent rating prior to March 23, 2010 and an increased 20 percent from that date.