Knee decisions — 2013

The Veteran's service-connected disabilities do not meet the percentage rating standards for TDIU as he does not have a single disability rated at least 40 percent disabling. The Board finds that referral to VA officials for entitlement to a total disability rating for compensation purposes based on individual unemployability on an extraschedular basis is not warranted.

The Board has determined that the Veteran does not have current diagnoses of DJD of the knees or residuals of a right fifth toe fracture, and thus cannot establish service connection for these conditions.

The Board has determined that the Veteran does not have current disabilities for which service connection can be granted, including right hip strain, inguinal pain, a right knee condition, sinus problems, bilateral tendonitis, acute gastritis, Tietze's Syndrome, and skin disorders. Service connection is therefore denied.

The Veteran's claim for a TDIU is being remanded due to the need for further development, including an examination and completion of VA Form 21-8940.

The Veteran's service-connected disabilities prevent him from securing and following a substantially gainful occupation.

The Veteran's claims for increased evaluations of his service-connected DJD of the right and left knees were denied as there was no evidence that met the criteria for a higher rating under applicable diagnostic codes.

The Board has granted service connection for tinnitus and found that the Veteran's current ringing in his ears is related to his service. The other issues on appeal are addressed below.

The Veteran's right knee arthritis is currently rated at 10 percent, and the Board has determined that a higher rating is warranted based on more severe limitation of motion.

The Veteran is seeking service connection for a current left knee disability, which he contends was incurred during his military service. The Board has ordered additional development to obtain relevant medical records and an examination.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a new examination to assess the severity of his right knee disability. The TDIU claim is also inextricably intertwined with the evaluation issue.

The Board has remanded the case due to inadequate VCAA notice and needs to provide appropriate notice before re-adjudicating the claims.

The Veteran's appeal for automobile and adaptive equipment was dismissed. The Board granted special monthly compensation based on the need for regular aid and attendance due to his service-connected bilateral knee disabilities.

The Veteran's service-connected left knee strain results in pain and some limitation of motion, but does not meet the criteria for a higher rating.

The Veteran's claims for increased ratings for his left and right knee disabilities have been denied as the current assigned ratings are considered to be the maximum available under applicable rating criteria.

The Board has remanded the Veteran's claims for additional development due to concerns about VA's compliance with its duty to assist in conjunction with the Veteran's incarceration.

The Board has decided to reconsider the Veteran's previously denied claims for service connection for depression, anxiety, and a bilateral knee disorder. The new evidence submitted since the previous denial includes relevant official service department records not previously considered. As such, these claims are reopened. However, no new evidence was found that relates to an unestablished fact necessary to substantiate the claims for service connection for a lumbar spine disorder or tinnitus.

The Board has remanded the Veteran's claims for additional development due to his relocation and failure to report to scheduled VA examinations. The case is now pending again with the AMC.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including obtaining VA treatment records and scheduling a VA examination.

The Veteran's claims for service connection for a right knee disorder, right foot and ankle disorder, and bilateral ulnar neuropathy were denied. However, the Veteran was granted an initial rating of 10% for his service-connected left knee arthritis.

The Veteran's right knee arthritis was evaluated at a 30 percent rating from August 1, 1997 through July 29, 1998. This evaluation is considered appropriate as the evidence did not show extension limited to 40 degrees.