Knee decisions — 2013

The Board has determined that the Veteran's right knee disability did not develop as a result of his service-connected left ankle disability, and thus denied the claim for secondary service connection.

The Veteran seeks service connection for a right leg or knee disability and nonservice-connected pension. The case is being remanded to obtain additional medical records, determine the nature of any current right knee disorder, and readjudicate the claims based on all evidence.

The Veteran's appeal is remanded for additional development, including obtaining VA treatment records and considering an extraschedular evaluation.

The Veteran's claim for an earlier effective date and a higher rating for her right knee condition were denied. The Board found that the evidence did not establish an increase in disability prior to March 2010, and thus no earlier effective date is warranted.

The Veteran's left knee disability, including instability and arthritis, warrants a higher rating of 20 percent effective January 25, 2013.,Effective January 25, 2013, the right knee disability is rated at 20 percent for subluxation and instability.

The Veteran's claim for a clothing allowance in 2010 was denied because the evidence did not show that he wore or used a prosthetic device or orthopedic appliance due to a service-connected disability, and no certification from the Chief Medical Director was provided.

The Board granted the Veteran's claims for increased ratings for diabetic peripheral neuropathy of the lower extremities and left knee disability, as well as service connection for PTSD. The effective dates for these awards were set to November 25, 2009.

The Board denied service connection for the claimed hiatal hernia, low back disorder, arthritis of the bilateral shoulders, arthritis of the bilateral knees, and left shoulder disability. The claims were based on direct evidence rather than a presumption or secondary to another condition.

The Veteran's claim for a higher rating for his left distal femur fracture with left knee disability is being remanded due to unclear findings regarding ankylosis of the knee and need for further examination.

The Board has determined that additional development is necessary before the claims for service connection for left and right knee disorders can be adjudicated.

The Board has determined that new and material evidence has been received to reopen the claims of service connection for a right shoulder disability, a cardiac disability (claimed as chest pain), and a right knee disability. The Veteran's left knee disability is found to be incurred in service, while his back disability may not be presumed due to its lack of onset during service or within one year thereafter.

The Board denied the Veteran's claims of service connection for left shoulder, left knee, and right knee disabilities due to a lack of evidence showing a nexus between these conditions and his military service.

The Board has determined that the reduction of ratings from 20% to 0% for right knee instability and left knee instability was proper based on evidence showing no improvement in function under ordinary conditions of life.

The Veteran's disabilities do not render him so helpless as to require the regular aid and attendance of another person, thus he does not meet the criteria for special monthly pension based on need for regular aid and attendance.

The Veteran's appeal is being remanded for additional development, including VA examinations to assess the nature and etiology of his right knee disability and radiculopathy of the left lower extremity.

The Veteran's right knee disability, post-total arthroplasty, has not met the criteria for a rating in excess of 30 percent. Prior to February 27, 2013, he was granted an initial compensable evaluation (10%) for instability of the right knee. As of February 27, 2013, his claim for a higher rating for instability has not been met.

The Board has determined that the Veteran's current left knee disability is not due to a pre-existing condition aggravated by service, and thus denied his claim for service connection.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to assess the severity of his right knee disability. The TDIU claim will also be adjudicated.

The Veteran's appeal involves multiple issues related to his service-connected arthritis, including claims for increased ratings and a TDIU. The Board has granted secondary service connection for the low back disorder due to pes planus, but denied other claims.

The Veteran's right knee disability and left calf muscle group XI post-fasciotomy have been rated as noncompensable since April 1, 2008. The Board found that the evidence did not support a higher rating for either condition.