Knee decisions — 2012

The Veteran's right and left knee disabilities are found to be related to his military service, specifically injuries sustained during Reserve duty in July and August 2006. Service connection is granted for these conditions.

The Veteran's appeal for specially adapted housing has been remanded due to inadequate VCAA notice and the need for further development of his service-connected disabilities.

The Veteran's right knee disorders have been granted service connection and assigned a 30% rating since December 14, 2010.

The Board has granted service connection for bilateral hip disorder and bilateral knee disorder as secondary to service-connected bilateral hammertoes. The claim for an initial evaluation in excess of 10 percent for bilateral hearing loss remains pending.

The Board has determined that there is no evidence to support the Veteran's claims for service connection of right and left knee disabilities. The examiner concluded that any current knee conditions are more likely due to natural progression over time, rather than being related to service or a service-connected condition.

The Board has determined that the Veteran's left knee and ankle disabilities are service-connected as they were incurred during his active duty.

The Veteran's appeal is remanded for further development, including additional VA examinations to assess the nature and etiology of his right hip disorder, as well as reassessment of his service-connected low back, right knee, and left knee disabilities. The TDIU claim will also be considered.

The Veteran's appeal is being remanded to the RO for additional development, including obtaining service treatment records and arranging for VA examinations to determine the nature and likely etiology of his claimed low back, shoulder, knee, and hearing loss conditions.

The Veteran's claim for an increased evaluation for a right knee disorder is being remanded due to the need for a thorough and contemporaneous examination.

The Board has determined that new and material evidence has not been received to reopen the Veteran's previously denied claim of entitlement to service connection for a right knee disability. The July 2010 VA examination report, while noting an opinion regarding the etiology of the current right knee disability, does not provide sufficient new and material evidence to reopen the claim.

The Veteran's left hip condition was rated at 10 percent prior to July 29, 2009 and is now rated at 20 percent. The right knee condition remains at 40 percent.

The Veteran's service-connected post-TKR right knee disability is currently rated at 30 percent, and the Board finds that a higher rating of 60 percent under Code 5055 (for chronic residuals consisting of severe painful motion or weakness) is not warranted.

The Board denied an initial rating in excess of 10 percent on a schedular basis for the left knee disability, and subsequently referred the issue to the VA Director of Compensation and Pension Service for an extraschedular evaluation. The Director denied the request.

The Veteran's claims for increased ratings have been granted, with the effective dates being March 12, 2009.

The Board has determined that the Veteran's current bilateral knee disability is not related to his service, and denied his claim. For headaches, additional evidence from SSA may be needed to determine if they are related to service.

The Board has vacated the previous decision and remanded the case for consideration by the RO due to new evidence submitted after the August 2011 decision.

The Veteran's claim for service connection for a right knee disability, to include as secondary to his service-connected left knee disability, is being remanded due to the need for additional development including obtaining updated VA treatment records and an examination.

The Veteran's right knee disability is currently rated as 10 percent disabling under DC 5260. A separate rating of 10 percent for slight instability has also been granted.

The Veteran's claims for increased ratings and TDIU were denied. The Board found that the evidence did not warrant further referral for extraschedular consideration, and his service-connected left knee disabilities do not meet the criteria for a higher rating.

The Veteran's appeal is being remanded due to scheduling issues for a hearing before the Board of Veterans' Appeals. His claims for increased disability ratings and TDIU remain pending.