Knee decisions — 2012

The Board has determined that a new examination is necessary to evaluate the severity of the Veteran's service-connected scar and other residuals of splinter puncture wound to the left thigh. The case is also remanded for additional development regarding the issues of entitlement to service connection, whether new and material evidence has been received to reopen claims, and TDIU.

The Veteran's service-connected left hip condition, arthritis of the left hip with Legg-Perthes disease, status post total left hip replacement, is rated at 90 percent from September 30, 1986. The cervical spine disability is rated as 60 percent disabling since July 13, 2011. The Veteran's right and left knee disabilities are each rated at 10 percent.

The Board has determined that the Veteran does not have a service-connected disability for any of the conditions she claims, including PTSD, hiatal hernia, hypertension, burn scar on the right middle finger, sleep disorder, hordeolum of the right eyelid, arthritis of the cervical spine, arthritis of the knees, arthritis of the feet, arthritis of the hands, arthritis of the wrists, arthritis of the elbows, and arthritis of the right shoulder.

The Veteran's left knee arthritis with total knee replacement has been granted service connection as a disability aggravated by his service-connected right knee disability.

The Board denied service connection for left carpal tunnel syndrome and right knee disability. The Veteran's claim for an initial compensable rating for residuals of a right wrist fracture was granted.

The Veteran's appeal is remanded due to the need for a new Board hearing before a VLJ who conducted his previous hearing has retired. The issues of increased ratings for right knee disabilities are being remanded.

The Board found that there is no competent, credible, or probative evidence linking the Veteran's left knee disability and headaches to her military service. As a result, the claims for service connection were denied.

The Veteran's claims for increased ratings were denied. The Board found that the Veteran did not meet the criteria for an initial rating in excess of 10 percent for urticaria, and denied compensable ratings for chondromalacia of the left knee and right knee prior to October 14, 2008. The claim for a compensable rating for residual scar from his fracture was also denied.

The Veteran's claim for service connection for a left knee disability was received by VA on May 31, 2007, more than one year after his discharge from military service. Therefore, the earliest possible effective date is May 31, 2007.

The Veteran's initial evaluations for his right and left knee disabilities are denied as they do not meet the criteria for higher ratings under VA rating criteria.

The Veteran's right hip disability is claimed as secondary to his service-connected left knee disability. The low back disability claim has been reopened, but the evidence does not establish a direct relationship with service.,Service connection for residuals of a fractured proximal phalanx of the third finger was denied due to lack of residual or chronic disability.

The Veteran's right knee injury during service resulted in current residuals, including limitation of motion and pain. However, there is no evidence of a chronic left hand disability that began during or was aggravated by service.

The Veteran's left total knee replacement is rated at 60 percent disabling, the highest available rating under Diagnostic Code 5055.

The Board has reopened the Veteran's previously denied claims of service connection for residuals of fractured jaw, residuals of shell fragment wound, right testicle, residuals of shell fragment wound, legs/knees, and residuals of shell fragment wound, right hand. The new evidence submitted is considered material as it relates to unestablished facts necessary to substantiate the merits of these claims.

The Board has determined that the Veteran does not have current right hip, knee, or leg disabilities and therefore cannot establish service connection for these conditions.

The Board has remanded the case for additional development, including a VA examination to determine if the Veteran's right knee disorder is related to service or his service-connected left knee disability.

The Veteran's appeal is remanded for additional development, including a VA examination to assess the severity and manifestations of his service-connected knees and bilateral ankle and feet disabilities. The examiner should also address whether any current bilateral ankle and foot disabilities are causally or etiologically related to parachute jump landings during military service.

The Board has remanded the case for additional development, including a new VA examination and consideration of entitlement to TDIU.

The Veteran's service-connected left knee disability prevents him from obtaining and maintaining substantially gainful employment, meeting the criteria for a total rating based on individual unemployability.

The Board found that the Veteran's left knee injury was not caused by VA domiciliary care, and therefore denied his claim for compensation under 38 U.S.C.A. § 1151.