Knee decisions — 2011

The Veteran's appeal is remanded due to the need for additional development, including VA examinations and further analysis of his claims.

The Veteran's claim for increased evaluations for right knee instability and degenerative arthritis was denied as there is no current evidence of right knee instability, and the existing evaluations adequately reflect the severity of his disability.

The Board found no evidence of a left knee injury or condition during service and concluded that the current left knee disorder is not related to service. As such, the claim for service connection was denied.

The Board denied the Veteran's claims for service connection for disabilities manifested by fatigue and abdominal pain, including as due to an undiagnosed illness, joint pain of bilateral knees and elbows, and chronic cough and chest pain.

The Board found that the Veteran's current right knee disability did not result from his in-service surgery and denied his claim for service connection.

The Veteran's service-connected disabilities, including left ankle fracture with degenerative joint disease, right ankle and hip arthritis, and right knee degenerative joint disease, meet the criteria for a schedular total disability rating from May 7, 2004 to November 6, 2008. The claim is granted.

The Board has remanded the case for further development due to a lack of sufficient evidence to decide the claim, including obtaining VA treatment records and scheduling an examination by a medical professional with expertise in rheumatology.

The Board has determined that additional development is needed to obtain the Veteran's medical records and clarify certain issues. The case will be remanded for these purposes.

The Board found that the Veteran's additional disabilities of the back, left knee, and bilateral legs were not caused by VA care or treatment. The evidence did not support a finding of fault on the part of VA.

The Board finds that the Veteran does not have a right knee condition, to include arthritis, that was incurred in or aggravated by service.

The Veteran's claims of entitlement to increased ratings for his right and left knee disabilities, as well as service connection for bronchitis, were denied. The initial evaluations for both knees remain at 10 percent, effective June 11, 2010 forward.

The Board found that the Veteran's current right knee disorder was not incurred in or aggravated by his military service and denied his claim.

The Board has remanded the case for additional development, including obtaining service treatment records and scheduling VA examinations to address the Veteran's claims for low back and right knee disabilities.

The Board has determined that the Veteran's service-connected disabilities do not meet the criteria for SMC based on the need for regular aid and attendance or housebound status.

The Veteran's appeal is remanded due to the need for a new VA examination and adjudication of the issue of entitlement to a total rating for compensation based on individual unemployability (TDIU).

The Veteran's right knee disability, post-total right knee replacement with revision, is currently rated at 60 percent disabling on and after August 31, 2009. The Board finds that the evidence does not support a higher evaluation for this time period.

The Veteran's right knee disability is found to be the result of an injury incurred in service. Service connection for a left ankle disability and a right ankle disability are also granted, with the latter potentially due to aggravation by her service-connected right knee disability.

The Board has ordered a remand to obtain additional medical examination and review of the claims file, including the December 2010 motor conduction studies. The Veteran's service connection claims for left knee disability, bilateral wrist and thumb disability, and left ankle disability will be reconsidered based on the new evidence.

The Veteran's lumbosacral strain, cervical degenerative disk disease, and right knee retropatellar pain syndrome with osteoarthritis were all rated at the lowest possible initial evaluation of 10 percent for each condition. The evaluations have not changed since their initial assignment in October 2005.

The Veteran's appeal is remanded due to the need for additional examinations and clarification of his hearing preferences. The issues regarding increased ratings for right and left knee disabilities are pending further development.