Knee decisions — 2012

The Board found that the Veteran does not have a current diagnosis of left knee or left hip disorders and that these conditions are not related to his military service. The claims for service connection were denied.

The Board found that the Veteran's left knee disorder did not pre-exist service and was not aggravated by service. The condition is presumed to have existed prior to service, but it did not worsen during service.

The Board found that the Veteran's right and left knee disorders preexisted his service, and were not aggravated by service. Therefore, he is denied service connection for these conditions.

The Veteran's combined disability rating was reduced to 60 percent effective December 1, 2008. The Board finds that the evidence does not support a finding of unemployability due to his service-connected disabilities.

The Veteran's appeal for increased ratings on his right knee disability and reduction of hypertension rating was withdrawn by the Veteran during a hearing before the Board. The claim is dismissed.

The Veteran died of respiratory failure due to or as a consequence of cardiac arrest with acute congestive heart failure. The service-connected residuals of cold weather trauma did not cause his death, nor did it render him materially less capable of resisting the effects of other disease or injury primarily causing death.

The Board has determined that a new VA examination is necessary to assess the current severity of the Veteran's service-connected right knee disability and its associated post-surgical scar. The appeal will be remanded for these purposes.

The Board has remanded the case for a Travel Board hearing due to the Veteran's request, and service connection is being reconsidered based on new evidence or circumstances.

The Board denied the Veteran's claim for service connection for hepatitis C, finding that no new and material evidence had been received. The issue of special monthly pension based on need for regular aid and attendance was also addressed but the Veteran did not meet the criteria as he required assistance with daily activities due to his physical conditions but was not bedridden or hospitalized.

The Veteran's claim to reopen his lumbar spine disability was denied. The right knee sprain with degenerative joint disease prior to May 26, 2010 is rated at 10 percent. A separate 10 percent evaluation for right knee degenerative joint disease prior to May 26, 2010 is granted. Increased ratings for left knee disability are denied. The claim for TDIU is also denied.

The Board has remanded the case for further development and consideration of the Veteran's claim for service connection for a left knee disorder.

The Veteran's left total knee replacement has been rated at 60 percent since May 1, 2002. The Board finds that the current rating adequately reflects his disability.

The Board has remanded the Veteran's claims for additional development and consideration, including obtaining a medical opinion on whether her non-service-connected back disability is aggravated by her service-connected disabilities. The TDIU claim was also raised due to changes in employment status.

The Veteran's service-connected knee disabilities render him unable to secure and follow a substantially gainful occupation, warranting TDIU.

The Veteran's left knee disability is currently rated as 10 percent disabling, and the Board finds that his claim for an increased rating has been granted.

The Board has remanded the case due to the appellant's incarceration and the need for additional treatment records from his correctional facility.

The Veteran's claims for increased ratings for his right and left knee disabilities were denied. The Veteran's patellofemoral syndrome of the right knee was rated at 20 percent, while his Pellegrini-Stieda syndrome of the left knee, status post ligament repair, remained at 10 percent.

The Board has remanded the case due to insufficient efforts made to obtain service treatment records and a need for a VA examination.

The Board has granted service connection for a TBI, finding that the Veteran's self-reported motor vehicle accident during active duty is credible and linked to his current symptoms. The remaining claims are remanded for additional development.

The Veteran's claim for service connection for a psychiatric disability, to include PTSD, has been reopened. The Board finds new and material evidence sufficient to reopen the claim. However, there is no competent medical evidence of record showing a current diagnosis or in-service incurrence of a bilateral knee disability.