Knee decisions — 2013

The Veteran's bilateral hearing loss is rated as noncompensable. The claims for service connection of right knee, left knee, and ankle disabilities have been reopened due to new evidence received since the July 1993 rating decision. There is a reasonable possibility that his bilateral knee and ankle disabilities are caused by service.

The Veteran's claim for a rating in excess of 20 percent for right knee strain, postoperative residuals with anterior cruciate ligament disruption and residual scar was denied. The claim for a separate compensable rating for arthritis prior to January 11, 2008, also failed.

The Board determined that arthritis of the legs and knees was not incurred in or aggravated by service, as there is no evidence of a diagnosed condition within one year post-service. The Veteran's current diagnosis of arthritis of the knees predates his military service.

The Veteran's case is being remanded for additional development, including a new VA examination and obtaining records from JJ Elms Restaurant.

The Veteran's service-connected disabilities (chondromalacia patella of the knees and schizophrenia with PTSD) are found to be of such severity as to effectively preclude all forms of substantially gainful employment since her claim for TDIU was received.

The Board found that the Veteran's right knee disability existed prior to his entry into active duty service and did not worsen during service. As a result, the claim for service connection was denied.

The Veteran's appeal is being remanded for further development to determine the cause of his left knee medial meniscus tear and whether it was caused by or aggravated by his service-connected left patellofemoral syndrome.

The Board found that the Veteran's left below-the-knee amputation was not caused by VA carelessness, negligence, or error. The residuals are considered to be a natural progression of his service-connected disabilities and not related to any VA treatment.

The Veteran's service-connected degenerative changes with history of patellofemoral stress syndrome with lateral patellar subluxation, left knee are rated at 10 percent. A separate 10 percent rating is granted for residuals of a left knee cartilage injury with surgery.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claims for hearing loss, left thigh disorder, chest pain, right knee disorder, left knee disorder, and right foot disorder. However, service connection is granted for PTSD.

The Veteran's right total knee replacement has been rated at 60 percent since December 1, 2009. The other issues remain unresolved.

The Board denied the Veteran's claims for service connection for bilateral knee disability, paresthesia and numbness of the bilateral lower extremities (claimed as 'peripheral neuropathy'), and paresthesia and numbness of the left upper extremity (claimed as 'peripheral neuropathy'). The Veteran was also denied an initial compensable evaluation for his hearing loss. Finally, he was denied TDIU due to service-connected disabilities.

The Veteran seeks service connection for a right knee disability as secondary to his service-connected left knee injury. The Board has determined that additional VA examination and development are needed.

The Veteran's left knee disability is being remanded for further development and an opinion to determine its etiology.

The Veteran's death was caused by hypertension, which is presumed to have been incurred in service. The claim for DIC under 38 U.S.C.A. § 1318 is dismissed as the cause of death is service-connected.

The Board has determined that the Veteran's residuals, SFW, right knee, to include an ACL tear and arthritis, are related to his active service during World War II.

The Board has granted service connection for right and left knee degenerative joint disease and chrondrocalcinosis, finding that the conditions were aggravated by active military service. Service connection for a lumbar spine disability is dismissed as the Veteran withdrew his appeal.

The Veteran's right knee injury with traumatic arthritis is rated at 20 percent, effective December 15, 1995. The claim for service connection for left knee disability was withdrawn by the Veteran. The Veteran's anxiety disorder remains rated at 30 percent.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board grants his claim for TDIU.

The Veteran's service-connected conditions have prevented him from securing and following substantially gainful employment.