Knee decisions — 2012

The Veteran requested to withdraw his appeal for an initial rating in excess of 10 percent for his service-connected left knee disorder prior to May 31, 2012.

The Board has remanded the case for additional development, including obtaining VA treatment records from Central Alabama Medical Center and reviewing all VA records reviewed in connection with these claims.

The Veteran's chronic headache disorder is found to be related to a head trauma he experienced in service, and the Board grants service connection for this condition.

The Board is considering multiple issues including service connection claims and increased rating claims. The decision on the respiratory disorder claim has reopened, but not granted. Service connection for low back and bilateral knee disorders remains denied.

The Board has remanded the case for further development due to incomplete records and need for additional medical opinions.

The Veteran's cause of death, septic shock due to intra-abdominal infection, was not caused or contributed substantially or materially by his service-connected disabilities.

The Veteran's appeal is remanded to the RO for further action, including scheduling a personal hearing at the Louisville, Kentucky, RO.

The Board has ordered additional development for the appellant's claims, including obtaining his service medical records and arranging for examinations to determine the nature and etiology of his claimed disabilities. The case will be returned to the RO/AMC for further consideration.

The Board has determined that additional development is needed to address the Veteran's claims for service connection for right knee and right shoulder disorders, including obtaining a VA examination.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his service-connected left knee disability and residual left knee scars. The AOJ will also consider applicable rating criteria for skin disabilities.

The Veteran's left knee disability was not incurred or aggravated by service, and is not secondary to a service-connected condition.

The Veteran was granted a separate 20 percent disability rating for degenerative arthritis of the right knee effective January 1, 2004. The earlier requested effective date is denied.

The Veteran's left knee arthritis is found to be incurred in service, as he reported experiencing symptoms since service and was diagnosed with the condition during a VA examination.

The Veteran's service-connected disabilities, including lumbar spine disability, left ankle disability, right knee disability, left knee disability, tinnitus, and bilateral hearing loss, considered alone or in combination, render him unemployable. The case is REMANDED for a VA medical examination to determine if the Veteran is unable to secure or follow a substantially gainful occupation due by reason of service-connected disabilities.

The preponderance of the evidence is against a finding that the Veteran currently suffers from a left knee disability that is the result of a disease or injury in active duty service, nor is it secondary to or aggravated by a service-connected disability.

The Board denied service connection for left shoulder injury and osteoarthritis, as well as injuries of both knees and osteoarthritis. The Veteran's claims were also denied for a compensable rating for bilateral hearing loss prior to October 12, 2011, and an evaluation in excess of 20 percent since then.,The Board found no evidence of inservice injury or chronic disability related to the claimed conditions.

The Veteran's claims for higher initial ratings for his service-connected disabilities were denied. The VA determined that the evidence did not meet the criteria for increased evaluations.

The Veteran's right and left knee conditions have been rated at the minimum of 30 percent since August 1, 2011. The VA examiner found no severe symptoms or ankylosis in either knee, but noted intermediate degrees of weakness and pain.

The Veteran withdrew his appeals for service connection for right knee disability and a rating in excess of 10 percent for postoperative residuals of meniscectomy of the left knee.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to assess his knee and ankle disabilities as well as any lumbar spine disability. The issue of entitlement to a total disability rating based on individual unemployability will also be addressed.