Knee decisions — 2012

The Veteran's claims for service connection and increased rating have been remanded due to the need for additional examinations to determine the etiology of his left knee disorder, low back disorder, and right knee disorder.

The Board has granted service connection for right and left knee arthritis as secondary to service-connected disabilities based on aggravation.

The Board has remanded the case for additional development, including obtaining private medical records and a VA examination.

The Veteran's service-connected disabilities do not meet the schedular criteria for a total disability rating based on individual unemployability due to service-connected disabilities, as they only amount to a combined rating of 10 percent. The VA examinations and Social Security Administration records indicate that his employment difficulties are primarily due to non-service-connected conditions.

The Board has determined that the Veteran's right knee disorder was present at the time of his above-the-right-knee amputation and is related to service. As a result, the claim for an above-the-right-knee amputation due to a right knee disorder is granted.

The Veteran's appeals for increased ratings for his service-connected left foot disorder, low back disorder, tendonitis of the right knee, and bilateral hearing loss were granted. The initial evaluations assigned prior to February 8, 2007, for left foot disorder are 20 percent; beginning February 8, 2007, they are 10 percent. For low back disorder, the initial evaluation is 30 percent beginning March 31, 2011. The right knee tendonitis initially received a noncompensable evaluation and then a 10 percent evaluation beginning March 11, 2008; it remains at a noncompensable evaluation for hearing loss.

The Veteran's service-connected disabilities do not render him in need of the regular aid and attendance of another person, nor are he bedridden or housebound. Therefore, his claim for SMC based on the need for aid and attendance is denied.

The Veteran's claim for service connection for bilateral knee disorders is being remanded due to the need for additional development, including scheduling a VA examination.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to determine the etiology of his right knee disability.

The Veteran does not have any of the claimed conditions and his claims for service connection are denied.

The Board has decided to remand the case for additional development, including obtaining VA treatment records and considering all evidence added since the last statement of the case.

The Board denied the Veteran's claims for service connection for a bilateral knee condition and an initial rating in excess of 20 percent for labral tear of the left shoulder. The decision concluded that there was no evidence to support a finding that current disability is related to service.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and arranging for medical examinations to assess the current severity of his service-connected low back, left knee, and left ankle disabilities.

The Veteran's left knee disability, characterized by arthritis and instability, is currently rated at 10 percent under the appropriate diagnostic codes. The evidence does not support a higher rating as there are no indications of ankylosis, dislocated semilunar cartilage with frequent locking or effusion, malunion or nonunion of the tibia and fibula, or genu recurvatum.

The Board has remanded the case for further development, including obtaining medical records and scheduling a VA examination to determine if the Veteran's current right knee and/or right ankle disorders are related to his active military service.

The Board found that the Veteran's pre-existing right knee disability existed prior to service and did not undergo aggravation during service, thus denying his claim for service connection.

The Veteran's claimed memory loss and myalgias/arthralgias were not found to be related to his military service, including exposure to the Persian Gulf War environment.

The Board finds that the Veteran's residuals of pneumonia are not related to service, and thus denied. The claims for right TKA, left TKA, and right leg injury are addressed in the REMAND portion of this decision.

The Board finds that the Veteran's right knee disability is at least as likely as not related to his service, including an injury sustained while playing football in 1958. As a result, the claim for service connection is granted.

The Veteran's appeal has been withdrawn, and the Board is dismissing the case as there are no remaining issues to be decided.