Knee decisions — 2011

The Veteran withdrew his appeals for service connection of right knee, left knee, and hypertension disabilities. The appeal for lumbar spine disability is being remanded.

The Board denied the Veteran's claims of service connection for a bilateral knee disability and residuals of a left ankle injury. The claim of service connection for a psychiatric disorder was granted.,There is competent medical evidence showing that the Veteran currently has a psychiatric disorder, diagnosed as major depression and posttraumatic stress disorder, related to his period of active service.

The Board has remanded the case for additional development, including obtaining treatment records and scheduling a VA examination. The Veteran's claims of entitlement to service connection for back and right knee disorders are pending.

The Board has remanded the case for further development to consider whether an extraschedular evaluation is warranted due to marked interference with employment and frequent hospitalizations.

The Veteran's right knee disability is currently rated at 30 percent, effective October 7, 2003. The Board denied entitlement to an evaluation in excess of 30 percent for instability and limitation of extension of the right knee.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claims of service connection for low back, neck, right knee, left hip, and heat stroke disabilities. The claim is granted.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to evaluate the nature and etiology of her current knee and low back disabilities.

The Veteran's claim for a higher initial rating for below-the-knee amputation of the right lower extremity is denied. The Board finds that his disability picture does not approximate the criteria for a higher disability rating due to his prosthesis being controlled by natural knee action.

The Board has denied the Veteran's claims for service connection for a right knee disability, bilateral hearing loss, and tinnitus. The evidence does not establish that these conditions were incurred or aggravated during service.

The Board has determined that the Veteran's right ankle sprain, left ankle laxity, and bilateral patellofemoral syndrome are related to his military service. As such, these conditions have been granted service connection.

The Board has remanded the case for a new VA examination and opinion to determine the nature and etiology of the Veteran's bilateral knee disorder, including internal derangement. The claim will be readjudicated after this additional development.

The Veteran's increased evaluation claim for his right knee disability was denied. His left knee disability received a 10 percent evaluation, effective May 23, 2006.

The Veteran's claims for diabetes mellitus, hypertension, and right knee disability were denied as the evidence did not establish a nexus to service. The claim for increased rating of right foot plantar fasciitis was also denied.

The Board found that the Veteran's bilateral knee and right shoulder disabilities were not incurred in or aggravated by service, as there was no evidence of an in-service injury or disease. The current disabilities are considered to be unrelated to his military service.

The Board has remanded the case for further development, including obtaining medical records and scheduling VA examinations to determine if the Veteran's current knee and skin conditions are related to his military service.

The Veteran's appeal is remanded due to the need for further development, including obtaining SSA records and scheduling a VA examination. The issues of entitlement to TDIU are deferred until the issues of disability evaluations in excess of 30 percent for right and left total knee arthroplasty have been adjudicated.

The Veteran is currently receiving a total disability rating based on individual unemployability due to his various disabilities, but this rating was granted under 38 U.S.C.A. § 1151 for left hip replacement and related conditions. He does not meet the basic eligibility criteria for Dependents' Educational Assistance (DEA) as he is only service-connected for one disability that is not pursuant to section 1151.

The Board has restored the Veteran's ratings for his service-connected right knee and left wrist disabilities from 20 percent to 10 percent each, effective May 1, 2008.

The Board finds that the evidence is in equipoise as to whether the Veteran's left knee degenerative joint disease with synovitis is causally related to his service-connected right knee disability. As such, service connection for this condition will be granted on a secondary basis.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining updated VA treatment records and scheduling the Veteran for VA examinations to determine if his current symptoms are related to service.