Knee decisions — 2013

The Veteran's claims are being remanded due to incomplete service records. The missing records will be sought and associated with the claim file or, if not found, the Veteran will be advised of alternative sources.

The Board has remanded the case for further development, including obtaining medical records and arranging for a VA examination to assess the severity of the appellant's knee disabilities.

The Veteran's service connection claims for left lower extremity disabilities, including post-operative femoral, tibial, and fibular fracture residuals; left knee disorder (traumatic arthritis and total knee replacement residuals); and left hip disorder (traumatic arthritis) are granted. The Board finds that the evidence is in equipoise on whether these conditions were incurred or aggravated by service.

The Board found no evidence of a left knee disorder in service and determined that any current left knee disorder is not related to service. The right knee disorder was also not established as service-connected.

The Board has denied the Veteran's claims for service connection for a gynecological disability, bilateral knee disability, and psychiatric disorder including PTSD due to lack of evidence showing that these conditions were incurred or aggravated by military service.

The Veteran's right knee disability is currently rated at 20 percent for limitation of motion and 10 percent for instability, with no higher ratings assignable based on the current evidence.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for a left knee disorder, and it is now found that the Veteran's current left knee disorders are as likely as not related to his military service.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation from February 25, 2008 to July 25, 2008.

The Board has granted service connection for left knee injury residuals and right knee osteoarthritis, finding that the Veteran's current conditions are related to his military service.

The Board has remanded the Veteran's claims for additional development due to failure to report for VA examinations and to ensure proper notification of examination scheduling.

The Veteran's residuals of a left knee injury are manifested by frequent episodes of locking, pain, and effusion into the joint. The Board finds that the criteria for an initial rating of 20 percent have been met.

The Veteran's service-connected lumbar spine and left knee disabilities were granted initial ratings of 10 percent each, effective March 3, 2008.

The Board has remanded the Veteran's claims of service connection for a right knee disability and a respiratory disorder, to include COPD, due to incomplete VA records and insufficient credibility findings in previous determinations.

The Veteran's service-connected disabilities meet the percentage requirements for a TDIU since March 28, 2006 and his unemployability is due to the severity of these conditions.

The Board denied the Veteran's claims for increased ratings for his service-connected right and left knee osteoarthritis, as well as his claim for TDIU. The decision did not address any specific exposure basis or grant a rating based on the PACT Act.

The Board has determined that the service-connected disabilities did not cause or contribute to the Veteran's death from pneumonia. The appellant's claim for service connection for the cause of the Veteran's death is denied.

The Veteran's knee disabilities, specifically left and right knee instability and painful motion, do not warrant a higher initial disability rating as they have been consistently rated at 10 percent.

The Board has determined that the Veteran's current right knee and back disabilities were not incurred during service or due to a service-connected condition, and thus denied his claims for service connection.

The Veteran seeks service connection for a right knee disability that he claims is related to an injury sustained during military service. The Board has determined the Veteran's statements are sufficient proof of the injury, and his current right knee disability may be related to service based on this finding. However, the VA examination was not conducted as instructed, so the case must be remanded for a new examination.

The Veteran's appeal has been withdrawn by her representative, resulting in the dismissal of the case.