Knee decisions — 2011

The Veteran's claims for service connection for right shoulder, right knee, and left knee conditions are being remanded due to the need for additional development including a VA examination.

The Board has granted service connection for post-traumatic degenerative joint disease of each knee, but denied the Veteran's claims for increased ratings. The effective date remains August 30, 2001.

The Veteran's claims are being remanded to obtain additional medical records, determine the completeness of his service treatment records, and provide him with VA examinations for his claimed high blood pressure, stomach disorder, and acquired psychiatric disorder.

The Veteran's appeal has been withdrawn due to the grant of a 100 percent disability rating, including entitlement to total disability based on individual unemployability (TDIU).

The Veteran's service-connected DJD of the thoracic spine is rated at 40 percent effective January 20, 2010. His left-knee and right-knee disabilities are each rated at 10 percent.

The Veteran's left knee disability, prior to June 18, 2010, did not meet the criteria for a higher rating based on instability or subluxation. The total left knee replacement from June 18, 2010 through June 2011 warranted a 100% rating.

The Board denied the Veteran's claims of service connection for right and left knee, hip, ankle, and back disorders. The evidence did not establish a direct link between these conditions and his military service.

The Board found that the Veteran's lumbar spine and left knee disabilities were not incurred in or aggravated by active service, nor proximately due to a service-connected disability. The claim for service connection was denied.

The Board has remanded the claims due to incomplete service treatment records and an inadequate VA examination. The Veteran will need a new VA examination to determine if his current right shoulder and left knee disorders are related to his military service.

The Veteran's right knee disability has been rated at 10 percent for DJD and bursitis anserine, with a separate 10 percent rating for subluxation. The appeal is denied as the disability does not warrant higher ratings.

The Board has remanded the Veteran's claim for an appropriate VA physician to review his claims file and provide an opinion as to whether it is at least as likely as not that his service-connected disabilities alone render him unable to secure or follow a substantially gainful occupation.

The Veteran's claimed bilateral knee and low back disabilities were not incurred in service, and the Board finds that they are unrelated to his military service.

The Board denied the Veteran's claims for service connection for left knee disability and vascular occlusive disease of bilateral lower extremities, as well as his claim for an evaluation in excess of 10 percent for right knee impairment (excluding symptoms of traumatic arthritis).

The Veteran's claim for a disability rating in excess of 10 percent for his service-connected right knee disorder was denied. The Board found that the evidence did not support a higher rating based on the current manifestations of his condition.

The Board has determined that additional development is needed to adjudicate the Veteran's claims for service connection for degenerative arthritis in his left knee and bilateral sensorineural hearing loss. The case is REMANDED for further action.

The Veteran's appeal is being remanded for additional development of his claims, including review of unconsidered VA Vocational Rehabilitation Feasibility Determination and clinical records from the Dallas, Texas VA Medical Center.

The Board has granted the Veteran's request for restoration of a 40% evaluation for his service-connected right knee disability, effective December 1, 2006. The claim for service connection for Major Depressive Disorder with Psychotic Symptoms is also granted.

The Veteran's widow is denied DIC benefits under 38 U.S.C.A. § 1318 because the Veteran was not rated as totally disabled for a continuous period of at least ten years immediately preceding his death, or continuously since discharge from military service for a period of not less than five years immediately preceding death.

The Board has determined that the Veteran's claims for service connection for various conditions, including diabetes mellitus, type II and eczema (claimed as rash/itching), are denied due to lack of evidence linking these conditions to his active service or herbicide exposure.

The Board has remanded the Veteran's claims for further development, including obtaining medical records and scheduling examinations to determine the nature and etiology of his respiratory disorder and right knee disorder.