Knee decisions — 2011

The Veteran's appeal is being remanded for further development, including obtaining a medical examination and audiometric test results.

The Veteran's service-connected disabilities are not considered to be an employment handicap, and she is already employed in a suitable position. Therefore, additional vocational rehabilitation benefits under Chapter 31 have been denied.

The Veteran's claim for an increased evaluation for his left knee disability was denied. The RO assigned a 100 percent rating for total left knee replacement, which remained effective for one year following the surgery. After that period, a 30 percent evaluation was assigned from December 1980 to November 2002. A June 2009 VA examination showed improvement in the Veteran's knee disability.

The Veteran's left knee disability is rated at 60% disabling beginning May 1, 2005. The effective date for Dependents' Educational Assistance (DEA) benefits under Chapter 35 of the United States Code is granted as of May 24, 2004.

The Veteran's claim for service connection for his right knee disability is being remanded due to the need for a VA examination and additional development of records.

The Board denied the Veteran's claim for an earlier effective date for a TDIU, finding that his service-connected knee disabilities did not render him unable to secure and follow a substantially gainful occupation prior to May 19, 1999.

The Veteran's claim for an increased rating for her service-connected left knee disability is being remanded due to the need for a new examination and consideration of separate ratings for limitation of motion and instability.

The Board has denied the Veteran's claims of service connection for lumbosacral spine spondylosis, degenerative joint disease of bilateral wrists, bilateral knee replacement, and degenerative joint disease of left ankle as new and material evidence was not received to reopen these previously denied claims.

The Veteran's claims of entitlement to service connection for left knee, right knee, and cervical spine disorders have been remanded due to the need for additional evidence.

The Board has remanded the claims of service connection for hypertension, hepatitis C, a left knee disability, and a skin rash (other than service-connected chloracne) to include as due to exposure to Agent Orange. The Veteran's statements regarding his blood pressure in service are not credible.

The Veteran's service-connected right foot fracture is rated at 20 percent, her migraine headaches are granted service connection, and the bilateral knee disorder is not found to be related to service.

The Board denied the Veteran's claim for service connection for a right knee disability, finding that it was not incurred or aggravated by active service and is not otherwise causally related to service or to a service-connected condition.

The Board has determined that the Veteran's bilateral hearing loss is at least as likely as not related to noise exposure in service, and thus grants service connection for this condition. The claim for service connection for a strain of the medial collateral ligament of the right knee remains pending.

The Board has reopened the Veteran's previously denied claims of service connection for left knee and left hip disabilities, finding that they are secondary to his service-connected right knee disability. The appeals are granted.

The Veteran's claims for service connection for low back and right knee disabilities are being remanded due to the need for additional examination and medical opinion, as well as records development.

The Veteran's appeal is being remanded for scheduling a hearing at the RO before a member of the Board.

The Board has determined that the Veteran's right knee disability and peroneal neuropathy are not related to his military service.

The Board denied the Veteran's claims of service connection for degenerative arthritis of the left knee and an acquired psychiatric disorder (diagnosed as PTSD). The Board found that there was no evidence of a chronic condition during service or within the applicable presumptive period, and that the medical opinion provided by the VA examiner did not support a relationship between the Veteran's current conditions and his military service.

The Veteran's right knee disability, which includes arthroscopy with partial lateral meniscectomy and posterolateral corner reconstruction, is currently rated at 10 percent. The evidence does not support a higher rating as his range of motion remains within the limits for a 10 percent evaluation.

The Board has remanded the case due to the Veteran's request for a Travel Board hearing. The rating for a left foot callous, service connection for skin rash of the left ankle, and reopening claims for right knee disorder, depression, and tinnitus are all on appeal.