Knee decisions — 2011

The Veteran's appeal has been dismissed due to his death.

The Veteran's appeal is remanded due to the need for proper VCAA notice and an opinion regarding direct service connection.

The Veteran's left knee strain was rated at 10 percent prior to April 5, 2007 and then increased to 20 percent from October 5, 2005 to November 8, 2009. The rating is maintained at 20 percent since November 2, 2009.

The Veteran's appeal is being remanded to the Department of Veterans Affairs Regional Office for further development, including a VA examination.

The Veteran's thoracolumbar spine disability is rated at 20 percent, and the Board finds that a higher evaluation is not warranted.

The Veteran's service-connected disabilities have rendered her so helpless that she requires regular aid and attendance of another person, meeting the criteria for special monthly compensation based on need for aid and attendance. She also meets the criteria for specially adapted housing assistance.

The Board has determined that the Veteran's arthritis of both wrists, both knees, and cervical spine is not service connected as secondary to his service-connected pulmonary sarcoidosis.

The Board denied a rating in excess of 10 percent for the Veteran's right knee disability, finding that his flexion was limited to at least 105 degrees and extension was full. The current 10 percent rating adequately reflects the functional loss due to pain.

The Veteran does not have current diagnoses of a left knee or left ankle disorder, and the VA examiner found no link between his in-service motorcycle accident and any current disabilities. As such, service connection for these conditions is denied.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need to obtain additional medical records, including from SSA and private physicians.

The Veteran's claim for service connection for rectus diastasis is granted. The right knee disability is rated at 10 percent, and a higher rating is not warranted.

The Board has granted service connection for a low back disorder. The Veteran is also presumed to have incurred other conditions within one year of his separation from active duty.

The Veteran's appeal has been withdrawn, and the Board is dismissing the case.

The Board has determined that further development is necessary with respect to the Veteran's service connection claim for a bilateral knee disorder and initial rating claim for his retinosa pigmentosa. The case is REMANDED to the RO via the Appeals Management Center (AMC).

The Veteran's initial noncompensable ratings for his bilateral knee disabilities were granted, and the RO subsequently assigned initial 10 percent ratings effective August 12, 2010. The Board found that the criteria are met for an initial 10 percent rating for each of his service-connected right and left knee patellofemoral syndromes since the grant of service connection.

The Veteran's service-connected arthritis and reactive synovitis with chondromalacia have been rated at the maximum available rating of 10 percent for each knee. The Board has determined that these ratings are appropriate based on the current range of motion findings.

The Veteran's service-connected disabilities meet the percentage requirements for award of a schedular TDIU, but these disabilities have not been shown to prevent him from obtaining or retaining substantially gainful employment.

The Veteran's appeals for increased evaluations for his service-connected degenerative joint disease of the right and left knees are being remanded due to the need for additional VA treatment records.

The Board has determined that there is no evidence linking the Veteran's current left knee disorder to his service, including a reported in-service injury. The claim for service connection is therefore denied.

The Board has determined that the Veteran's current arthritis of the right knee is not due to service and therefore denied his claim for service connection.