Knee decisions — 2013

The Veteran's death was not caused by any service-connected disability, and there is no evidence of herbicide exposure. The cause of death was metastatic lung cancer.

The Veteran's claim for increased ratings and service connection was denied. The Board found that the evidence did not meet the criteria for a higher rating from July 13, 1994 to March 19, 2010.

The Board has determined that the character of discharge for the Veteran's period of service was dishonorable due to felony convictions associated with rape and attempted rapes. The claims for mental trauma, sexual dysfunction, lumbar spine disorder (residuals of back strain), bilateral knee disorder (arthritis of knee), and acquired psychiatric disorder to include PTSD have all been denied as they are not supported by the evidence.

The Veteran's right knee disability, including instability and joint locking due to a meniscus tear with partial ACL injury, has been rated at 10 percent since April 6, 2004.

The Board found that the Veteran's current bilateral knee ligamentous strain disability is not related to his military service and denied both claims for service connection.

The Board found that the Veteran's current left knee disability, diagnosed as degenerative joint disease, was not incurred or aggravated during his period of active service. The evidence did not show any in-service injury to the left knee and no complaints or treatment for a left knee disability until many years after separation from service.

The Board has determined that the Veteran's low back disorder, beta thalassemia trait with anemia, and right knee disorder are all related to service. However, a disorder manifested by abnormal calcium levels is not considered incurred in or aggravated by service.

The Board has granted service connection for the Veteran's left knee disorder, diagnosed as osteoarthritis with arthralgia, based on a finding that it is etiologically related to in-service ski injuries.

The Veteran's appeal includes claims for earlier effective dates for service connection and related disabilities. The Board has determined that these issues are inextricably intertwined with a claim of clear and unmistakable error (CUE) in the September 2005 decision, which assigned March 29, 2004 as the effective date.

The Veteran's claim for service connection for diabetes mellitus, left knee disorder, lower back disorder (claimed as due to a left knee disorder), and PTSD was granted. The effective date of the 100% disability rating for PTSD is October 23, 1998.

The appellant's combined rating is 70 percent with one disabilities rated at 50 percent. The objective and credible medical and other evidence of record preponderates against a finding that the appellant is permanently and totally disabled due to his non-service-connected disabilities.

The Veteran's appeal is remanded for additional development, including obtaining VA and non-VA treatment records, scheduling a VA examination to assess the current severity of his left knee disability, and readjudicating the claims.

The Board has determined that the Veteran's right hip lymphoma, post hip replacement, is aggravated by his service-connected chondromalacia of the left knee and grants service connection for this condition.

The Board has determined that additional development is needed to determine the current severity of the service-connected left and right knee disabilities, as well as whether the Veteran currently has a separate and distinct left shoulder disability. The RO should obtain all outstanding VA treatment records and request copies of any SSA disability benefits award letter.

The Veteran's appeal is being remanded to schedule him for a hearing at the RO in Milwaukee, Wisconsin. The issues of entitlement to initial compensable ratings and service connection are not addressed as this matter has been returned to the RO.

The Board found that the Veteran's right knee disability, if any, did not have its onset during service and is not related to his active military service. As a result, the claim for service connection was denied.

The Board has remanded the issue of entitlement to a TDIU rating for further development by the RO.

The Board has determined that the Veteran's diagnosed right knee and low back disorders are not causally related to his service-connected right ankle disability, and are not aggravated by it.

The Board has remanded the case for a VA examination to determine the nature and severity of the Veteran's service-connected right knee disability, including assessing whether he has chronic instability in his right knee.

The Board has determined that the Veteran's left knee disorder is proximately due to or the result of his service-connected right ankle disability, and thus grants service connection for this condition.