Knee decisions — 2011

The Veteran's appeal is being remanded for additional development to determine the etiology of his left knee disorders and whether any right knee disorder is secondary to a left knee injury.

The Veteran's need for regular aid and attendance is not due to his service-connected disabilities, and he does not qualify for SMC based on being housebound by reason of a single service-connected disability.

The Board has reopened the Veteran's claims for service connection for a low back disorder and left knee disorder, finding that new and material evidence has been submitted. The Board also found that these conditions are related to his military service.

The Board has determined that the Veteran's lumbar spine disorder became manifest to a degree of at least 10 percent within one year from separation from service, and thus grants service connection for this condition.

The Board has determined that the Veteran's current right knee disability is related to his active duty service, and thus grants entitlement to service connection for a right knee disability.

The Veteran's right knee disability, prior to July 27, 2010, warranted a 20 percent rating based on locking, pain and effusion into the joint; and a separate 10 percent rating for lateral instability or recurrent subluxation.

The Board found no service connection for hypertension, low back disorder, or right knee disorder due to lack of continuity of symptoms since service separation and insufficient evidence linking current conditions to service.

The Board denied the Veteran's claims for increased ratings and service connection, finding that her conditions did not warrant higher ratings based on current medical evidence. The appeal was dismissed.

The Veteran's service-connected right knee disability does not render her unable to secure or follow substantially gainful employment.

The Board has determined that the Veteran's appeal for service connection of obstructive sleep apnea, diabetes mellitus, hypertension, right knee disability, left trigger thumb, and nose bleeds is withdrawn. For sinusitis with rhinitis, a rating in excess of 10 percent prior to August 24, 2009, and 30 percent from that date, has been denied.

The Board has remanded the case for a Travel Board hearing at the RO due to the Veteran's request.

The Veteran's service-connected left knee disability is currently rated at 30 percent, and he is also entitled to a separate rating of 10 percent for lateral instability. The claim for an increased rating has been granted.

The Veteran's right knee disability, including post-operative residuals and degenerative joint disease with instability, is currently rated at 10 percent. The RO has granted increased ratings for these conditions.

The Board has remanded the Veteran's claim for a new VA examination to determine the nature and etiology of his claimed right knee disability, including status post total knee replacement.

The Board found no evidence of a chronic knee disability in service and denied the Veteran's claims for service connection as there is not sufficient medical evidence to support a nexus between his current knee disabilities and his military service.

The Veteran's right knee disorder claim is being remanded for a VA examination to determine if it is related to service-connected stress fractures or military service.

The Board has determined that the Veteran's service connection claims for a left knee disorder and a left hip disorder are granted, with the conditions being considered direct service connections based on evidence of current disability and in-service disease or injury.

The Board denied the Veteran's claims of service connection for a bilateral knee disability, right shoulder disability, and left foot disability. The issues of initial compensable evaluations for left ear hearing loss and right shoulder disability were addressed but not decided.

The Veteran's claims for earlier effective dates for the separate 10 percent disability ratings for right knee arthritis, posterior scar, and laxity have been denied. The effective dates assigned by the RO are April 21, 2001 for the arthritis rating, and April 9, 2005 for the laxity rating.

The Veteran's appeal has been dismissed due to his death. The Board cannot proceed with the merits of this claim as he is no longer alive.