Knee decisions — 2012

The Board is remanding the claims for service connection for a disability manifested by sensitive feet, right ankle disability, bilateral knee disability, weight gain, sleep disorder, and psychiatric disorder (change in character) to obtain additional medical opinions.,The Board is also remanding the issues of whether new and material evidence has been submitted to reopen claims for service connection for a right leg disability and a back disability as secondary to a right leg disability.,The Board is requesting that VA obtain relevant treatment records, including those from February 2011 to June 2011.

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

The Veteran's nerve disorder of the left leg is found to be at least as likely as not caused by or aggravated by his service-connected left knee disability. The appeal for an increased rating of the left knee disability was withdrawn prior to decision.

The Veteran's right knee disorder, characterized by arthritis with recurrent effusion, does not meet the criteria for a higher rating as of January 23, 2005. The evidence shows that her range of motion is limited but does not warrant an increased rating based on limitation of motion or instability.

The Veteran's right knee disorder is not service-connected, while his left knee disability has been granted a 20% rating effective April 6, 2012.

The Board has granted service connection for tinnitus, bilateral hearing loss, and other conditions based on in-service exposure to noise and physical trauma. The Veteran's current symptoms are consistent with his reported history of service-connected disabilities.

The Board has determined that the Veteran's current left knee osteoarthritis is not related to his in-service injury, and thus he cannot establish service connection for this condition. The right knee disorder was also denied as it is not shown to be causally linked to his military service.

The Board denied the Veteran's claims for service connection for left shoulder and right knee disorders, finding that there was no evidence linking these conditions to his time in military service.

The Board has determined that the Veteran's current left knee disability, manifested by arthralgia and limitation of motion, is causally related to his active service.

The Veteran was granted a TDIU effective July 20, 2002.,Basic eligibility for DEA benefits under Chapter 35 was also granted effective July 20, 2002. The right knee disorder was assigned a 10 percent evaluation as of the same date.,The Veteran's right knee disorder was rated at 10 percent effective July 20, 2002.

The VA determined that the Veteran's current left knee, right knee, and low back disabilities were not incurred or aggravated by active military service.

The Board has determined that the Veteran's service-connected spinal disability does not result in any of the claimed conditions, and thus these claims are denied.

The Veteran's claims for service connection are being remanded due to the need for further development, including medical opinions regarding whether his current leg ulcers and amputation were aggravated by military service.

The Veteran's service-connected disabilities do not meet the criteria for SMC benefits based on need for regular aid and attendance or at the housebound rate.

The Veteran's appeal is being remanded due to his failure to attend a scheduled Travel Board hearing. He will be given another opportunity for such a hearing.

The Board has determined that the VA procedure to remove a cyst from the left ovary in April 2005 proximately caused the Veteran's subsequent left below the knee amputation, and this event was not reasonably foreseeable. Therefore, the criteria for VA compensation under 38 U.S.C.A. § 1151 are met.

The Veteran's claims for service connection for his left ankle disorder and initial compensable ratings for his right ankle and right knee disabilities are being remanded. The Board has determined that he is entitled to higher ratings for his right ankle and right knee disabilities, with a 30 percent rating for limitation of extension since April 7, 2008, and a separate 20 percent rating for moderate instability since the same date.

The Board has determined that the Veteran's service-connected disabilities do not preclude him from securing or following substantially gainful employment, and thus does not meet the criteria for a total disability rating based on individual unemployability.

The Board has determined that the Veteran's lumbar spine disorder did not onset in service and is not causally related to service. The right knee disorder issue remains pending as it was not addressed in this decision.

The Board found that the Veteran's right and left knee disabilities were each manifested by normal extension and flexion of 110 degrees or better prior to onset of pain, with subjective pain due to degenerative joint disease but no instability. As a result, the criteria for higher ratings under the applicable rating schedule were not met.