Knee decisions — 2012

The Board has granted increased ratings of 20 percent for each service-connected knee disability, effective from the date of the decision.

The Veteran has withdrawn his appeals for the issues of whether new and material evidence had not been received to reopen his claims of entitlement to service connection for a bilateral knee disorder, right shoulder disorder, ulcer disorder, insomnia, gastrointestinal disorder to include gastritis, nausea, vomiting, and weight loss, low back disorder, hypertension, muscle disorder, bilateral lower extremity disorder to include peripheral vascular disease and swelling, potassium deficiency, joint disorder, GERD, gallbladder disorder, bladder cancer, respiratory disorder to include asthma, chronic airway obstruction, shortness of breath, chest pain, and allergic disorder, headache disorder, and acquired psychiatric disorder to include dysthymia, depression, generalized anxiety disorder, and panic attacks.,The Veteran has withdrawn his appeals for the issues of whether new and material evidence had not been received to reopen his claims of entitlement to service connection for a chronic gastrointestinal disorder to include gastritis, nausea, vomiting, and weight loss, low back disorder, hypertension, muscle disorder, bilateral lower extremity disorder to include peripheral vascular disease and swelling, potassium deficiency, joint disorder, GERD, gallbladder disorder, bladder cancer, respiratory disorder to include asthma, chronic airway obstruction, shortness of breath, chest pain, and allergic disorder, headache disorder, and acquired psychiatric disorder to include dysthymia, depression, generalized anxiety disorder, and panic attacks.

The Veteran's appeal has been withdrawn due to his request for a hearing, and he subsequently withdrew the appeals of his increased rating claims. As a result, these claims are dismissed.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and VA treatment records, as well as a new orthopedic examination. The TDIU claim has also been raised and must be adjudicated.

The Veteran's condition meets the criteria for special monthly pension based on need for aid and attendance due to his disabilities, including leg pain, diabetes mellitus, hypertension, coronary artery disease, right hip strain with chronic pain and limitation of motion (LOM), status post operative repair, tear medial meniscus and osteochondritis dissecans right knee with chronic pain, degenerative arthritis with LOM in flexion and extension with incomplete extension, status post operative total knee replacement left knee with chronic pain, diffuse degenerative disc disease of the lumbar spine with partial lumbarization of S1 with chronic pain, and varying LOM. The Veteran is legally blind and requires assistance for daily activities such as cooking.

The Veteran's appeal is being remanded for additional development, including obtaining VA medical records and scheduling the Veteran for examinations to determine the nature and etiology of his claimed conditions.

The Veteran's appeal is remanded for further development, including clarification of the VA examiner's opinions regarding his service connection claims and a new examination if necessary.

The Veteran's appeal is being remanded to obtain additional VA examination and treatment records, as well as a Statement of the Case for his right ankle disorder claim. The claims will then be readjudicated based on all evidence.

The Veteran's left knee disorder is rated at 20 percent, the highest available rating under the applicable diagnostic codes, for symptoms including pain, stiffness, and functional impairment that affect his ability to work.

The Veteran's claim for service connection for a right knee status post total knee replacement is being remanded due to the need for further examination and consideration of aggravation during his military service.

The Board has determined that further development is needed to determine the nature and etiology of the Veteran's claimed left knee and back disorders, as well as whether they are related to his military service. The case must be remanded for additional development.

The Veteran's claim for nonservice-connected pension benefits was granted effective October 7, 2008. This award is based on the receipt of a formal application submitted by the Veteran on October 7, 2008.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claims of service connection for left and right knee disorders. The Veteran is now entitled to a VA examination to determine the nature and etiology of any knee disorder found to be present.

The Veteran's claims for tinnitus, dysentery, right eye disability, bilateral foot and knee arthritis, bilateral ankle arthritis, rib disability, left eye disability, hearing loss, PTSD, and malaria have been reopened. The decision is mixed as some issues were granted while others were denied.

The Board found that the Veteran's current left knee disability, diagnosed as knee meniscus tear (medial and lateral), degenerative joint disease, and chondromalacia patella, is not related to service. The preponderance of evidence does not support a finding that the Veteran incurred or aggravated his left knee disability during active service or reserve duty.

The Veteran's appeal is being remanded for further development, including obtaining a VA examination to assess his employability due to service-connected disabilities and referral to the Director of Compensation and Pension Services for extra-schedular consideration.

The Veteran's service-connected chronic headaches are rated at a 30 percent disability rating effective January 26, 2007. The Veteran's right knee condition is currently rated as noncompensable.

The Veteran's appeal is being remanded due to a lack of a contemporaneous VA examination, and the need for an updated medical record. The case will be returned for further evaluation.

The Veteran's claim for an increased rating for osteoarthritis of the left knee as a residual of left tibia fracture was denied. The VA examiner found that flexion limited to 120 degrees with pain, but no malunion or nonunion of the tibia and fibula.

The Board found that the Veteran's left knee disability, manifested by pain and flexion to no less than 135 degrees without instability or subluxation, does not warrant a rating in excess of 10 percent.