Knee decisions — 2012

The Veteran's appeal is being remanded due to the failure to issue a Statement of the Case (SOC) for his increased rating claim. The case will be returned to the RO for issuance of an SOC and consideration.

The Board has accepted the Veteran's October 2007 substantive appeal as timely filed, allowing her to proceed with her claims for higher initial ratings for various service-connected disabilities. The effective date of these awards is set at November 1, 2005.

The Board has determined that the Veteran's current left knee disorder is not due to disease or injury incurred in service, and may not be presumed to have been incurred in service.

The Veteran's claims for increased ratings for his service-connected left knee disabilities were denied due to failure to report for a scheduled VA examination without good cause.

The Veteran's service-connected right knee disability has resulted in his inability to secure and follow substantially gainful employment since December 1, 2010.

The Board denied the appellant's claims for nonservice-connected death pension benefits and special monthly compensation based on the need for aid and attendance or for being housebound, as her net worth was deemed too high to allow for a grant of these benefits.,For accrued benefits, the Board found that some portion of the corpus of the appellant's estate may reasonably be consumed in order to provide for her maintenance. However, given her current financial situation, she does not meet the net worth eligibility requirement for pension benefits.

The Veteran's right knee disability necessitated convalescence from October 1, 2008 to April 27, 2009. The Board finds that the Veteran is entitled to an extension of a total disability rating based on individual unemployability for this period.

The Board has determined that further development of the evidence is required before the claims can be adjudicated, and these cases are being remanded to the RO via the Appeals Management Center (AMC).

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining VA treatment records and scheduling a VA examination.

The Board has determined that the Veteran's current right knee disability, characterized as suspected medial meniscal attenuation related to previous surgery; degenerative changes without a definite frank tear of the lateral meniscus; abnormal anterior cruciate ligament which may represent a cyst or mucoid degeneration; and suspected bone bruising pattern of the lateral tibial plateau with subtle trabecular injury, was incurred in service.

The Veteran is seeking VA compensation under 38 U.S.C.A. § 1151 for right knee and leg disorders, alleging that he developed these conditions during or following a course of VA treatment in 2003 for deep venous thrombosis of his left leg. The case is being remanded to obtain additional medical records and conduct further examination.

The Veteran's service connection claim for a left knee disability was granted, but the condition is not considered secondary to any service-connected disability. The maximum schedular rating of 10% has been assigned for tinnitus.

The Veteran's appeal has been withdrawn due to his daughter's and his own indication that he is not appealing these claims.

The Veteran's PTSD has resulted in total social and occupational impairment since April 2010, warranting a 100% initial rating.

The Board has remanded the issues of service connection for lumbar spine disability and higher initial ratings for disabilities of the right and left knees to the RO via the Appeals Management Center (AMC).

The Board has remanded the case due to inadequate development of evidence regarding whether the Veteran's right knee disabilities are related to his service-connected shell fragment wound of the right thigh. The Veteran needs a VA examination to determine if these conditions are caused or worsened by his service-connected condition.

The Board is remanding the case to obtain additional medical records and determine if they impact on the decision regarding service connection for the cause of the Veteran's death.

The Board has determined that the Veteran's right knee disability was not incurred in or aggravated by service, and therefore denied his claim for service connection.

The Veteran's appeal was denied as his claims for increased ratings and service connection were not supported by the evidence of record.

The Board found that the Veteran's right knee disorder did not manifest in service and is not related to his service. As such, the claim for service connection was denied.