Knee decisions — 2011

The Veteran's right knee disability has been rated as 10 percent disabling due to pain, instability, swelling, and locking. The current rating is not in excess of what is warranted based on the evidence.

The Veteran's claims for increased ratings for chronic lumbar strain and chondromalacia patella of the left knee were denied. The Veteran is not entitled to a higher disability rating for his service-connected conditions.

The Veteran's claim for service connection for right knee osteoarthritis with meniscal tear is being remanded due to the need for a VA examination to determine if his current disability is related to his military service, including an in-service injury. The examiner must also address whether Osgood Schlatter's disease noted at entry into service was resolved or aggravated during service.

The Veteran's service-connected disabilities prevent him from attending to the needs of nature, caring for himself, and/or protecting himself from the hazards of his environment. The criteria for special monthly compensation based on the need for regular aid and attendance have been met.

The Veteran's appeal is remanded to determine if a retrospective medical opinion is necessary and for consideration of assignment of TDIU based on an extraschedular basis for the period prior to October 19, 2005.

The Veteran's appeal is being remanded for additional development to assess the severity of his post-TKR right knee disability.

The Veteran's appeal is being remanded for additional development, including scheduling a VA examination and readjudication of his service connection claims.

The Board denied a disability rating in excess of 20 percent for traumatic arthritis of the left hip and left knee on an extraschedular basis, finding that the available schedular evaluations were adequate.

The Board denied the Veteran's request for an earlier effective date for a 40% rating for his left ankle disability and also denied his claim for TDIU due to service-connected disabilities. The Board found that there was no evidence of entitlement prior to July 1, 2007, and concluded that the Veteran did not meet the criteria for TDIU based on his service-connected disabilities.

The Board has remanded the case due to inadequate discussion of why the Veteran would not be entitled to a separate rating by analogy and because there is evidence suggesting a material change in the disability since the last examination. The claim will be reconsidered after the requested development.

The Veteran's service-connected disabilities (depressive disorder, left and right knee disorders) render him unemployable from performing all forms of substantially gainful employment that are consistent with his education and occupational experience. The Board finds in favor of the claimant due to equipoise evidence.

The Veteran withdrew his appeals on all issues currently before the Board.

The Board denied service connection for various conditions, including a heart disability, amoebic dysentery or Giardia dysentery, left and right ear hearing loss, hypertension, GERD, gout, degenerative joint disease of the knees, and spondylolisthesis of L4-5. The Veteran's claims were not supported by sufficient evidence to grant service connection for these conditions.

The Board has remanded the case for additional development due to missing VA treatment records and a need to obtain any outstanding records from the Montgomery, Alabama VA Medical Center.

The Veteran's claims for increased ratings for his service-connected right and left knee disabilities were denied as there was no evidence of additional functional loss or other factors that would warrant a higher rating.

The Veteran's claim for service connection for a left knee disability, to include as secondary to his service-connected right knee strain and limitation of motion, is being remanded due to incomplete records and the need for further examination.

The Veteran's claims for service connection and increased evaluations were denied. The Board found that the Veteran did not have current hearing loss due to service, and his left knee and low back disabilities do not meet the criteria for a compensable evaluation prior to June 19, 2010 or an evaluation in excess of 10 percent beginning June 19, 2010.

The Board has determined that further development is necessary before the claims can be adjudicated, including obtaining a VA examination to address the etiology of the Veteran's bilateral knee disorder, muscle wasting, atrophy and weakness, and altered gait.

The Board found that there is no evidence to support service connection for arthritis of the hips, back, or knees. The Veteran's claims were denied.

The Board found that the evidence did not support service connection for a left knee disorder, as there was no in-service injury or disease and arthritis was not shown within one year of separation.