Knee decisions — 2011

The Veteran's service-connected disabilities are of such severity that they preclude substantially gainful employment, warranting a TDIU rating.

The Veteran's above-the-knee amputation was not incurred as a result of VA failure to exercise the degree of care expected, and there is no indication that additional disability occurred due to an unforeseeable event. The Board finds that compensation under 38 U.S.C.A. § 1151 for residuals of a right leg above-the-knee amputation is denied.

The Veteran's right knee disorder, characterized by chronic ACL deficiency and posttraumatic degenerative joint disease, is currently rated at 10 percent under Diagnostic Code 5260. The rating has been granted.

The Board has remanded the issues of service connection for bursitis of the hips, bilateral hallux rigidus, and increased evaluations for chondromalacia of the right knee and chondromalacia with degenerative joint disease of the left knee due to procedural reasons. The Veteran's claims are not currently addressed as they were previously adjudicated.

The Board has found new service department records that show relevant treatment for the Veteran's bilateral knee disorder in service. As a result, the claim to reopen is granted.

The Veteran's appeal has been dismissed due to his death. The issues of entitlement to service connection for left knee and hip disabilities have not been decided.

The Veteran's claims for increased disability evaluation and service connection were denied. The left ankle disability is rated at 10 percent, while the right knee and hip disorders are not service-connected.

The Veteran's claim for service connection for hoarseness secondary to his cervical fusion of the lateral intervetebral disc C5-6 has been reopened and granted. The Veteran is also entitled to special monthly compensation based on the need for regular aid and attendance due to his multiple service-connected disabilities.

The Veteran's claim for service connection for a bilateral knee disorder was denied as there is no evidence of a current disability and the medical records do not show any diagnosed condition involving either knee.

The Veteran's claim for service connection for a right knee disorder, to include as secondary to his service-connected left knee disabilities, is being remanded due to the need for additional development and examination.

The Veteran's claims for service connection were denied as there is no competent evidence of a current disability or continuity of symptomatology related to his in-service complaints. The Board finds that the Veteran does not have any diagnosed conditions, and thus cannot establish service connection.

The Board finds that the Veteran's diabetes mellitus, coronary artery disease, and left below-the-knee amputation are presumed to have been incurred in service due to herbicide exposure.

The Board has remanded the case to the RO for scheduling a hearing before a Veterans Law Judge at the RO in Decatur, Georgia.

The Veteran's current degenerative arthritis of the right knee is due to an injury in service, and the Board grants entitlement to service connection for this condition. The Veteran also has a history of headaches that are related to his in-service motorcycle accident.

The Board has granted service connection for uterine fibroids, status post hysterectomy and left knee degenerative arthritis. Service connection was denied for anemia.

The Board denied the Veteran's request for an earlier effective date of August 2, 2002, for a 30 percent disability rating for patellar femoral syndrome of the right knee. The claim was based on evidence showing that the Veteran had experienced chronic pain and limited ability to walk, but not severe impairment as required for a higher rating.

The Board found that the appellant did not have evidence to support his claim of a left knee injury during active duty, and thus denied service connection for a left knee disability.

The Board has remanded the case due to the need for a VA examination to determine the nature and etiology of any right or left knee cysts, including whether they are related to service.

The Board found no evidence of a current broken right leg or any other disabilities, and thus denied the Veteran's service connection claims.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA medical records and scheduling the Veteran for a VA examination to assess the severity of his left knee patellofemoral syndrome and right ankle arthritis status post fracture of the fibula.