Knee decisions — 2011

The Veteran's appeal has been dismissed due to his death. The Board does not have jurisdiction to adjudicate the merits of this appeal as he is no longer alive.

The Board has determined that further development is needed to determine the nature and etiology of the Veteran's current right knee disability, as well as whether any service-connected conditions are related to his active duty or National Guard service. The Veteran will be provided with a VA examination for these purposes.

The Board has determined that additional VA treatment records are needed and a VA examination is required to determine the current nature of the Veteran's knee and ankle disabilities, as well as their etiology.

The Veteran's service-connected conditions have been evaluated based on the current rating criteria, with no new or higher ratings granted.

The Veteran's appeal includes claims to reopen a previously denied claim for service connection for bilateral flat feet, as well as claims for service connection for right and left knee disorders. The Board has determined that these issues are inextricably intertwined with the issue of new and material evidence for the bilateral flat feet claim. As such, all related claims must be remanded to allow for further development.

The Board has determined that the Veteran does not have a current disability for which service connection can be granted, and therefore, his claims for increased ratings are denied.

The Board has determined that additional development is necessary before the claims for service connection for a bilateral knee condition and abdominal abscess, status post appendectomy can be adjudicated.

The Veteran's hemorrhoids resulted in persistent bleeding with fissures, warranting a 20 percent rating for the period prior to February 17, 2010.,For his right knee disability, the Veteran was granted a 20 percent rating effective from February 17, 2010.

The Veteran's right shoulder degenerative arthritis status post shoulder replacement is granted service connection. The Veteran's current right knee osteoarthritis was not incurred during active duty service and is denied.

The Board found that the Veteran's claimed conditions were not incurred or aggravated by his active service and denied all of his claims.

The Board found no competent medical evidence showing a current left knee disability related to the Veteran's military service, and thus denied his claim for service connection.

The Veteran's obstructive sleep apnea was rated at 50 percent, but the Board found no evidence of respiratory failure or right ventricle pathology. The left knee disorder and right hand strain were both rated at 10 percent.,The Veteran's initial ratings for his musculoskeletal disorders did not meet the criteria for higher evaluations.

The Veteran's service-connected right knee disability, rated as 30% disabling since May 1, 2009, does not meet the criteria for a higher rating under applicable diagnostic codes.

The Veteran's service-connected left knee degenerative osteoarthritis was evaluated at 30 percent from June 13, 2003, to October 13, 2003. The claim for an increased rating is denied as the evidence does not show that extension of the left knee was limited to 30 degrees.

The Board has determined that the Veteran's right knee disability, characterized as posttraumatic arthritis with painful motion, does not warrant a rating in excess of 10 percent.

The Veteran's service-connected knee and low back disabilities rendered him unemployable prior to October 10, 2006. His claim for TDIU was granted.

The Veteran's right knee disorder is currently rated at 30 percent, and the Board finds that it does not warrant a higher rating based on the evidence of record.

The Veteran's right knee disorder is attributable to service, and his left knee disorder is secondary to the right knee disorder. The Board finds that he does not have a right ankle disorder or headaches related to service. His low back disability was not incurred in service.

The Veteran's appeal was dismissed due to their death, and the Board has no jurisdiction to adjudicate the merits of this claim.

The Board has remanded the Veteran's claims for additional development due to incomplete examination reports and need for clarification of certain medical opinions.