Knee decisions — 2013

The Veteran was granted service connection for a left shoulder disorder, diagnosed as impingement syndrome and degenerative joint disease. However, the right shoulder, right knee, and bilateral elbow disorders were not found to be related to service.,The arthralgias and myalgias (consisting of ankle pain) were determined not to be due to an undiagnosed illness or a medically unexplained chronic multi-symptom illness.

The Board has decided that additional development is needed to determine if new and material evidence has been presented to reopen the Veteran's claim of service connection for a bilateral knee disability. The case will be returned to the RO for this purpose.

The Veteran's appeal is being remanded for further development, including a VA examination to assess the current severity of his service-connected right knee disability and for obtaining updated treatment records.

The Veteran's appeal includes claims for service connection for arthritis, right leg and an increased rating for his right femur fracture with residual knee pain. The case is being remanded to allow the RO/AMC to provide a Statement of the Case on the issue of service connection for arthritis, right leg.

The Veteran's service-connected right and left knee arthritis have been rated as noncompensable (zero percent) since the grant of service connection in December 2007. The RO has now assigned 10 percent ratings for these disabilities effective from September 29, 2009.

The Veteran's appeal has been withdrawn due to his request to continue only on the issue of service connection for a left knee disability. The Board finds new and material evidence has been received to reopen this claim, but the issues of low back, hip/buttock, and ankle disabilities are dismissed as they were not part of the original appeal.

The Veteran's service-connected disabilities prevent him from caring for most of his daily personal needs and protecting himself from hazards without the assistance of others, meeting the criteria for special monthly compensation based on need for regular aid and attendance.

The Board has remanded the case due to a hearing request not being scheduled. The Veteran is required to attend a hearing before a Veterans Law Judge at the RO.

The Veteran's service-connected disabilities, including a below-the-knee amputation of his left leg, PTSD, diabetes mellitus, and other residuals from military service, render him unemployable due to the severity of these conditions.

The Board has determined that the Veteran does not have a current right or left knee disability and therefore, service connection for these conditions is denied.

The Veteran's service-connected disabilities, including left lower extremity hemiparesis, cervical spine degenerative changes, and other orthopedic conditions, prevent him from securing or following a substantially gainful occupation due to their combined effects. The Board grants the TDIU rating.

The Board has determined that the Veteran does not have a current left thigh or left knee disability and there is no evidence of chronic symptoms in service. The Board finds that any current left knee disability is not related to active service.

The Veteran's claims for increased ratings for his right knee disabilities were denied by the Board. The first issue, regarding residuals of a right knee injury prior to February 24, 2010, was not granted as he did not meet the criteria for a rating in excess of 20 percent. The second issue, concerning total right knee arthroplasty from March 1, 2011, also failed to meet the required criteria for a rating in excess of 30 percent.

The Board has remanded the case for further development, including obtaining updated VA treatment records and arranging for an orthopedic examination to determine the nature and likely etiology of the Veteran's left knee disability. The claim will be readjudicated based on the additional evidence.

The Board found that the Veteran's conditions, including residuals of a right shoulder injury, right knee disorder, left knee disorder, and low back disorder, are related to his active service. The appeal is granted.

The Board has granted service connection for the Veteran's right and left knee disabilities, finding that they are likely due to injuries sustained during active service. The effective date is not specified as it represents a complete grant of the benefit sought.

The Veteran's service-connected disabilities do not prevent him from securing and following a substantially gainful occupation.

The Veteran's initial compensable rating for the right ankle fracture was denied, and her initial disability rating for DJD with chondromalacia of the right knee remains at 10 percent.

The Veteran's service-connected knee disabilities did not render him unemployable prior to April 17, 2010.

The Board has remanded the Veteran's claim for further development due to incomplete service treatment records. The case will be returned to the Board after additional efforts are made to obtain these records.