Knee decisions — 2012

The Board has decided to remand the case for a new VA examination and additional development, as the current evidence is insufficient to determine whether the Veteran's right knee disability is related to service.

The Board denied the Veteran's claims for service connection for various conditions, including a back disability, hypertension, right knee disability, sleep apnea, and disabilities of the bilateral hips. The decisions were based on secondary service connection.

The Board denied service connection for an ACL tear of the left knee, finding that it was not incurred or aggravated during active duty. The Veteran's initial injury occurred outside a period of active duty and he did not provide credible evidence of aggravation during INACDUTRA.,Service connection for cold weather injury to the left fingers was denied as there is no current diagnosis, no credible in-service exposure, and no competent evidence linking the condition to service.

The Board has reopened the Veteran's claim for service connection for a right knee disability due to new and material evidence submitted since the last final denial. The case is being remanded for further development.

The Board has determined that the Veteran's current left knee condition is etiologically related to his active military service and grants the claim for service connection.

The Veteran's appeal for service connection for fibromyalgia, chronic fatigue syndrome (CFS), residuals of a lobectomy and pneumonia, bilateral knee disability, low back disability, and cervical spine disability has been granted. She is also awarded a TDIU based on her service-connected disabilities.

The Veteran is seeking service connection for a left knee disability. The Board has determined that further development, including obtaining medical records and scheduling an examination, is necessary to make a determination on his claim.

The Veteran's claims for increased ratings and effective dates were denied. The Board found that the evidence did not meet the criteria for a rating in excess of 10 percent for lumbosacral strain prior to July 21, 2009.

The Board denied service connection for various conditions, including sickle cell trait, lumbar spine disorder, kidney disorder, pancreas disorder, bilateral hip disorder, and bilateral arm and shoulder disorders. The decision found that the Veteran did not have current disabilities related to these conditions incurred or aggravated by active service.

The Board has determined that the Veteran's service-connected right and left knee disabilities are currently rated at 20 percent, but have now been found to warrant a higher rating of 30 percent for both knees as of September 1, 2010.

The Board found that the Veteran's service-connected conditions did not cause or contribute substantially to his death from congestive heart failure.

The Veteran's appeal is being remanded for further development and consideration of his claim for a total disability rating based on individual unemployability due to service-connected disabilities, including knee disabilities. The case will be referred to the Director of the VA Compensation and Pension Service for extra-schedular consideration.

The Board has determined that the Veteran's claimed disabilities were not incurred or aggravated during his periods of active duty service, including his periods of ACDUTRA and INACDUTRA in the Air Force Reserve from 1977 to 1993. The claims are therefore denied.

The Veteran's residual left knee disability is found to be the result of a delay in physical therapy following his July 2006 total knee replacement, which was not due to negligence on VA's part but rather an unforeseeable event (GI bleed). The Board finds that the criteria for compensation under 38 U.S.C.A. § 1151 have been met.

The Board finds that the preponderance of evidence does not support service connection for a back disability, bilateral knee disability, or bilateral ankle disability incurred during active military service.

The Board has decided to remand the Veteran's claim of entitlement to a total disability rating based on individual unemployability due to service-connected disabilities for further development, including providing the Veteran with notice and a VA examination to address his employability.

The Veteran's service-connected right upper extremity peripheral neuropathy is rated at 30 percent prior to June 24, 2010 and increased to 30 percent effective from that date. The Veteran also has a separate rating for postoperative right mid shaft ulna fracture.

The Veteran seeks compensation under 38 U.S.C.A. § 1151 for right below-the-knee amputation resulting from substandard care and treatment by VA between November 2005 and January 2006. The Board has determined that a remand is necessary to obtain an independent medical opinion and review the claims folder.

The Board has determined that service connection for arthritis of the left knee is established as it is at least as likely as not related to an injury sustained during military service.

The Veteran's low back disability, arthritis of the left hip, left knee patellofemoral syndrome, left ankle tendonitis, and left elbow bursitis have been granted service connection. The scar from shell fragment wounds and residuals of a shell fragment wound to the left elbow also have been granted service connection.