Knee decisions — 2011

The Board denied the Veteran's claims for service connection for a left knee disorder, initial compensable disability ratings for bilateral hearing loss and pseudofolliculitis barbae, and TDIU due to service-connected disabilities.

The Board finds that the preponderance of the evidence is against the Veteran's claim for service connection for osteoarthritis of the knees, as there is no chronic knee disability shown in service or after service. The VA examiner opined that it is not at least as likely as not that the Veteran's current knee disability is related to his military service.

The Veteran's service-connected bilateral knee and hip disabilities meet the percentage requirements for TDIU, as his combined rating is at least 70 percent. However, he does not have unemployability due to these conditions alone.

The Board has granted service connection for bilateral knee disorders and assigned an initial 10 percent rating effective July 2002. The knees do not meet criteria for a higher evaluation based on limitation of motion.

The Veteran's claim for special monthly compensation based on the need for aid and attendance of another person or at the housebound rate has been remanded due to insufficient information regarding his actual nonservice-connected disabilities. The VA will obtain additional medical records, including from SSA, and schedule a VA examination to determine if he is in need of regular aid and assistance.

The Board has determined that there is no evidence of a current left eye or left knee disability related to service, and thus the Veteran's claims for service connection are denied.

The Veteran's appeal is being remanded to the RO for further development, including obtaining a VA examination and considering additional medical evidence. The issues of service connection for a bilateral knee disability and initial rating for left thumb osteoarthritis are on appeal.

The Board has decided that the Veteran's claim for an increased rating for his right femur disability needs further examination and evaluation, as the current VA examinations do not provide sufficient findings regarding the nature and extent of his service-connected disabilities.

The Board has determined that the reduction in disability ratings for arthritis of the right and left knees from 20% to 10% was proper based on evidence showing improvement in symptoms.

The Veteran's service-connected bilateral knee disabilities have been evaluated based on their current manifestations and do not warrant higher ratings as the range of motion is within normal limits with no additional limitation due to pain or instability.

For the periods prior to July 20, 2010 and from July 20, 2010, the Veteran's total right knee arthroplasty with looseness and ligament laxity was productive of severe painful motion and weakness in the right knee warranting a 60 percent disability rating.

The Board has remanded the case for additional development, including obtaining VA and private medical records, scheduling a VA examination of the right knee, and readjudicating the issues on appeal.

The Veteran's right knee TKA is currently rated at 30 percent disabling, and the Board finds that a higher rating is not warranted for this time period.

The Veteran's death was caused by cirrhosis of the liver, which is not alcohol-related. The Board found that his use of pain medication for service-connected disabilities contributed to his liver failure and granted service connection for the cause of death.

The Board has determined that there is no competent medical evidence linking the Veteran's claimed disabilities to his military service, and thus denied all three claims for service connection.

The Board has determined that the Veteran does not have a right wrist disability, blood disorder, acquired mental disorder (other than PTSD), or hypertension due to service. The claim for bilateral knee disorder is denied as new and material evidence was not submitted.

The Board found that the Veteran's left knee disorder was not incurred in or aggravated by active military service, nor may it be presumed to have been so incurred or aggravated. The right knee disability did not present an exceptional or unusual disability picture.

The Board has decided that additional development is necessary before the case can be fully adjudicated, including obtaining medical records and clarifying whether the Veteran wishes to appear for a hearing.

The Veteran's service-connected lumbar spine, right shoulder, and knee disabilities are not rated higher than the current 40 percent for lumbar spine degenerative joint disease.

The Board found no evidence of a chronic knee disability in service and concluded that the current bilateral knee disabilities are not related to service. The Veteran's claim for service connection was denied.