Knee decisions — 2011

The Veteran's claims for increased disability evaluations and service connection are being remanded due to the need for further development of evidence regarding his right toe disability. The other issues remain unresolved.

The Veteran's service-connected disabilities have rendered him in need of regular aid and attendance since a year prior to the date of claim, leading to SMC at the K-1 level from July 29, 2004. After August 31, 2010, he was granted SMC at the L level based on his need for regular aid and attendance.

The Board has remanded the Veteran's claims for increased ratings for left knee and left calf disabilities due to inadequate reasons and bases in the April 2010 decision, as well as the need for additional VA examinations.

The Veteran's claims for increased evaluation and secondary service connection were denied. The right knee disability is currently rated as 30 percent disabling, left knee disability was not found to be related to service or a service-connected condition, and the low back disability was also not found to be related to service or a service-connected condition.

The Board has determined that the Veteran's preexisting radial nerve laceration, status post tendon transfer, right arm was aggravated during service and his current degenerative joint disease of the right knee is related to an in-service injury. The claims for service connection are therefore granted.

The Veteran's right knee disorder, including degenerative joint disease and a torn medial meniscus, has been rated at 30 percent since April 1, 2011. The rating is based on the severity of his symptoms prior to surgery in February 2010.

The Board has determined that a remand is necessary to obtain additional medical opinions and review the Veteran's VA treatment records.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional examinations and development of records.

The Veteran's appeal is remanded due to the need for a new VA examination and additional medical records, including from his private treatment providers.

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

The Veteran's claim for service connection for a left knee disorder, to include as secondary to her service-connected right knee disorder, is being remanded for additional development.

The Veteran's impairment of his right tibia is manifested by slight degenerative joint disease of the right knee; however, his right tibia injury does not manifest moderate or marked disability.

The Board has determined that the Veteran's current right knee disability is service-connected, but there is insufficient evidence to determine if his left knee disability is related to service or a pre-existing condition.

The Veteran's appeal for service connection of a left testicular disorder was denied. The Board found that the preponderance of evidence did not support the claim, as there is no diagnosis of a current left testicular disability and no medical evidence linking any current condition to his military service.

The Board has determined that a VA examination is necessary to determine the nature and etiology of any current left knee disorder, including whether it originated during service or is otherwise related to active duty. The Veteran's claim for service connection will be remanded for this purpose.

The Veteran's claims for increased ratings for his service-connected right and left knee disabilities are being remanded due to the need for additional development, including a VA examination.

The Veteran's appeal is being remanded for further examination and development of his claims, including a new VA examination to determine the nature and etiology of his lumbosacral spine disability, as well as an increased rating for his service-connected left knee strain with degenerative changes and right knee degenerative joint disease.

The Board has determined that the effective dates for the increased rating and service connection awards should be August 2006, as evidenced by the Veteran's informal claim submitted on that date.

The Board denied the Veteran's claims for service connection for various conditions, including a right hip and knee disability, psychiatric disabilities (including PTSD), sexual dysfunction, gastrointestinal disorder, and hemorrhoids. The decision found that these conditions were not related to his military service.

The Veteran's death was not due to a service-connected disability, as he did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318.