Knee decisions — 2012

The Board denied the Veteran's claims for service connection for right and left knee disabilities, finding that his current right knee disability is not related to his military service. The claim for left knee disability was also denied as it did not meet the criteria for secondary service connection.

The Board has reopened the claim for service connection for a left knee disorder, but denied the secondary service connection claim due to lack of evidence linking the current left knee disorder to service or service-connected right knee disability.

The Veteran's appeal is being remanded for additional development, including scheduling a VA examination and obtaining outstanding VA treatment records.

The Board has remanded the case for further development, including a VA examination and an opinion on whether the Veteran's service-connected left knee disability caused or aggravated his right knee disability. The TDIU claim is also inextricably intertwined with the service connection issue.

The Veteran's right knee disability, diagnosed as retropatellofemoral pain syndrome, has been rated at 10 percent since November 2005. The VA examiner found that the Veteran's flexion was limited to 70 degrees without pain and to 100 degrees with pain, but not additionally limited by fatigue or repetitive use.

The Board has remanded the Veteran's TDIU claim for further development due to inadequate compliance with prior remand directives. The claim will be reconsidered in light of all additional evidence, including a VA compensation examination.

The Board denied the Veteran's claims for increased ratings for radiculopathy of the left upper extremity and residuals of a fracture of the left patella with osteoarthritis of the left knee, based on limitation of motion.

The appellant's combined disability rating is 70%, which does not meet the criteria for a TDIU as his disabilities are service-connected and do not prevent him from obtaining and maintaining substantially gainful employment.

The Board has dismissed the appeal as the appellant withdrew their claim through their authorized representative.

The Board has determined that additional development is necessary prior to the adjudication of the Veteran's claim for service connection for a right knee disability, including as secondary to his service-connected left knee disability.

The Board found that the Veteran's right knee scars do not meet the criteria for a compensable rating under any applicable diagnostic code, and thus denied an initial compensable rating.

The Board has remanded the case for additional development, including obtaining Social Security Administration records related to the Veteran's disability benefits. The claim will be reconsidered after these records are obtained.

The Board has granted the Veteran's claim of service connection for a bilateral knee disorder, finding that his MOS as an Airborne Parachute Instructor and history of numerous jumps during service likely caused his current bilateral knee disorder.

The Veteran's claims for service connection for tinnitus, bilateral hearing loss, left hand arthritis, right hand arthritis, left knee arthritis, and right knee arthritis were denied. The Board found that there was no evidence of active disease or residual impairment from malaria, and the Veteran did not provide sufficient evidence to establish a nexus between his current disabilities and military service.

The Board found that a chronic right knee disorder was not incurred or aggravated as a result of service, and the Veteran's current right knee disability is not shown to have developed as a result of an established event, injury, or disease during active duty or inactive duty for training.

The Veteran's claims are being remanded due to the need for additional examinations and development of evidence.

The Board has determined that a new VA examination and opinion are necessary for the right knee disability claim, as well as a determination of the current severity of the left TKA. The case is REMANDED to allow for these actions.

The Veteran's claims for an earlier effective date and CUE were denied as there was no evidence of error in prior decisions, and the claim is based on a direct service connection.

The Board found that the Veteran's service-connected disabilities did not render him unable to independently perform daily functions of self-care or to protect himself from the hazards and dangers incident to his daily environment, thus denying entitlement to special monthly compensation based on aid and attendance.

The Veteran's appeal is being remanded to the RO for additional development, including obtaining relevant medical records and scheduling a VA examination. The issues of entitlement to an increased rating for her service-connected left knee disability and service connection for her claimed left hand and wrist disorder are pending.