Knee decisions — 2011

The Veteran's appeal involves claims for service connection, a higher rating for his knee condition, and TDIU. The case is being remanded to allow the VA to consider additional evidence and conduct any necessary examinations.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claims of entitlement to service connection for patellar subluxation of the left knee with early chondromalacia and patellar subluxation of the right knee. The Veteran's pre-existing left knee disability was aggravated by his military service.

The Veteran is granted service connection for a left knee disability and right hip disability as secondary to his service-connected right knee disability. Service connection for head trauma residuals and left eye disability are not established.

The Veteran's service-connected right knee and lumbar spine disabilities render her unable to secure or follow substantially gainful employment, warranting a total disability rating based on individual unemployability.

The Veteran's service-connected headaches are attributed to a known clinical diagnosis of tension-type/muscle-contraction headaches. The claim for increased evaluations for his colitis and migratory arthritis is denied as the evidence does not support higher ratings.

The Board has decided to remand the case for additional development, including scheduling a VA examination and obtaining relevant medical records.

The Veteran's right knee disability, diagnosed as a torn lateral meniscus with a history of instability and arthritis, has been rated at 10 percent since March 1996. The Board found that the evidence did not support an increase in rating for any period during the appeal period.

The Board denied the Veteran's claims of service connection for right and left knee disorders in May 1985. The current evidence does not provide new or material information to reopen these claims, and the preponderance of the evidence is against a finding that any current knee conditions are related to service.

The Board has determined that the Veteran's lumbar spine disability is service-connected, but her knee and ankle disabilities are not. The evidence does not support a finding of service connection for these conditions.

The Veteran's initial and staged ratings for posttraumatic degenerative changes, left knee, and left knee instability have been denied. The rating for left knee arthroplasty remains at 30 percent.

The Veteran's service-connected disabilities reasonably result in his requiring assistance with a number of his activities of daily living (ADLs) such as bathing and dressing, and he requires care or assistance on a regular basis to protect himself from hazards or dangers incident to his daily environment. The Board finds that the evidence is at least in equipoise and supports a grant of special monthly compensation based on aid and attendance.

The Veteran's bilateral knee disabilities are currently evaluated as 20 percent disabling. The Board has determined that the criteria for a higher evaluation have not been met, but separate evaluations based on instability have been granted.

The Board has remanded the case for additional development to determine if the Veteran's pre-existing left knee disability was aggravated by service.

The Board denied the claims for increased ratings for various service-connected disabilities, including bilateral hearing loss, right great toe arthritis, left humerus fracture residuals, dental trauma to teeth numbers 7, 8, and 9, right hand and left hand arthritis, right ankle and left ankle arthritis, left thumb arthritis, and right and left knee arthritis. The appeal is based on the merits of these conditions without any presumption or new evidence.

The Veteran's appeal is remanded for a new VA examination to assess the severity of his service-connected right knee disability, and for additional development including obtaining medical records.

The Board has remanded the Veteran's claims for additional development due to incomplete records and need for further medical examinations.

The Board has granted service connection for tinnitus and left knee patellofemoral disease, finding that the Veteran's conditions first manifested during his active duty service.

The Veteran's service-connected knee disabilities have rendered him unable to protect himself from the hazards of his daily environment, and he is in need of regular aid and attendance.

The Board finds that the Veteran is not in need of regular aid and attendance or permanently housebound due to his service-connected disabilities, and thus, does not meet the criteria for special monthly compensation based on the need for regular aid and attendance, or by reason of being permanently housebound.

The Veteran's right knee disability, including his postoperative posttraumatic degenerative joint disease and right total knee replacement, has been rated as 10 percent disabling prior to January 1, 2009, and as 30 percent thereafter with a separate 10 percent rating for instability. The increased ratings are granted.