Knee decisions — 2011

The Veteran's appeal is remanded due to the need for a new VA examination of his right knee, as the most recent examination is outdated and does not address all current symptoms.

The Veteran withdrew her claims for higher initial evaluations for scalp psoriasis and residuals of a left foot bunionectomy with degenerative changes, also claimed as nerve damage at her August 2010 hearing. The Board does not have jurisdiction over these withdrawn claims.

The Board has determined that there was clear and unmistakable error in the rating decisions regarding service connection for left knee arthritis, bilateral leg injuries, psychosis/schizophrenia, venereal disease, and sinusitis. The claims are reopened due to new evidence presented since previous denial.

The Board has determined that further development is needed to determine if the Veteran had other periods of Active Duty for Training (ACDUTRA) and Inactive Duty for Training (INACDUTRA). The Veteran's hearing loss may be related to his active duty service, but a VA examination is needed to clarify this. For his knee disabilities, a VA examination is also needed to determine the etiology of these conditions.

The Board has decided to remand the Veteran's claims for additional development, including obtaining medical records and scheduling a VA examination.

The Veteran's death was not due to willful misconduct, and he had a combined disability rating of 100% for over one year immediately preceding his death. However, the appellant did not meet any of the criteria for DIC under 38 U.S.C.A. § 1318.

The Board found that the Veteran's bilateral knee disability was not incurred or aggravated by active service and denied his claim.

The Board has determined that further development of the evidence is required in order to properly adjudicate the Veteran's claims, including obtaining a VA examination for his lumbar spine and left knee disabilities.

The Board has determined that the Veteran does not have a current lumbar spine disability related to service, and thus cannot establish service connection for this condition.

The Veteran's appeal is being remanded to schedule a video conference hearing at the Waco RO for him.

The Veteran's right knee strain was characterized by flexion to at least 130 degrees and extension to 0 degrees, without lateral instability or recurrent subluxation prior to October 18, 2005. From October 19, 2005, the Veteran's right knee strain resulted in forward flexion limited to 110 degrees with mild neurological impairment.,The Veteran's lumbosacral strain was characterized by a full range of motion and no more than slight subjective symptoms prior to September 23, 2002. From September 23, 2002, to September 25, 2003, the Veteran's lumbosacral strain resulted in forward flexion limited to 90 degrees with mild spasm and pain.,The Veteran's degenerative joint disease of the right hip was characterized by flexion to 125 degrees and abduction to 45 degrees prior to September 9, 2003. From September 10, 2003, to October 18, 2005, the Veteran's degenerative joint disease of the right hip resulted in flexion limited to 75 degrees without ankylosis or flail joint.

The Veteran's service-connected left knee disability, which includes arthritis with discomfort at extremes of motion, is currently rated as 20 percent disabling. The Board finds that the evidence does not support a rating in excess of this level.

The Board is required to address alternate theories of entitlement, one of in-service incurrence and one of aggravation. Therefore, another VA examination is needed to determine the nature and etiology of the Veteran's current left knee disability.

The Veteran's claims for increased ratings for various service-connected disabilities were denied. The evidence did not support a higher rating based on the current manifestations of his conditions.

The Veteran's appeal is remanded for additional development, including obtaining service department records and scheduling VA examinations to evaluate the severity of his service-connected disabilities.

The Veteran's claims for service connection for low back and bilateral knee disorders are being remanded due to the need to obtain additional private treatment records.

The Veteran's service connection claim for bilateral pes planus is denied as there is no evidence of a pre-existing condition that increased in severity during service. The Veteran's service-connected degenerative joint disease of both knees has been rated appropriately, with separate ratings assigned for each knee effective February 27, 2010.

The Board has remanded the case for further development, including obtaining VA medical records and arranging for a VA examination to determine if the Veteran's current left knee disorder is related to his service, specifically his PT test in February 2001.

The Veteran's left knee disability, including the effects of her partial meniscectomy and high tibial osteotomy, has been rated at a maximum level since December 1, 2009.

The Veteran's claims for increased ratings and a TDIU were denied. The Board found that the evidence did not support higher disability ratings based on his service-connected right knee and hip disabilities.