Knee decisions — 2013

The Veteran's appeal is being remanded for further development, including a VA examination to determine the nature and etiology of his right knee disability.

The Board has determined that the Veteran's current left knee disability is not related to service and may not be presumed to have been incurred or aggravated by service. The preponderance of evidence does not support a finding that the Veteran's current left knee disability was initially manifested in service, within one year of separation from service, or is otherwise etiologically related to service.

The Board finds that the overpayment of VA disability compensation benefits was not properly created as it was solely due to VA administrative error. The Veteran's claim for waiver of the overpayment is granted.

The Veteran's initial claim for a higher rating for his left knee disability was granted, and he is currently receiving a 10 percent rating. The decision also recognized the presence of left knee instability.

The Veteran's service-connected disabilities render him in need of regular aid and attendance, which is granted for SMC purposes.

The Veteran's combined disability rating is 60%, which does not meet the criteria for a TDIU under 38 C.F.R. § 4.16(a). The Board finds that his service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Board has remanded the case for additional development, including obtaining service treatment records and medical records from SSA. The appellant's right knee disability is being evaluated to determine if it pre-existed service or occurred during his period of ACDUTRA.

The Board has ordered a remand due to the need for additional development, including obtaining VA treatment records and scheduling an examination. The Veteran's claim will be reconsidered based on all evidence of record.

The Board has decided to remand the TDIU claim due to insufficient evidence and needs further examination of the Veteran's service-connected conditions.

The Veteran's appeal is being remanded to obtain additional medical records and for further examinations. The issues of entitlement to initial evaluations in excess of 10 percent for post-operative left hip disorder, left knee disorder, scar from cervical spine surgery, right ear hearing loss, and sleep apnea are the main points of concern.

The Veteran's claim for a higher rating for degenerative arthritis of the knees has been granted, with each knee receiving a separate 10 percent evaluation.

The Veteran's service connection claims for bilateral knee and hip conditions have been granted, effective July 7, 1999. The decision also addressed a claim of CUE in prior rating decisions.

The Veteran's appeal is being remanded for additional development, including obtaining updated medical records and scheduling a VA examination to assess the current severity of his service-connected bilateral knee disabilities.

The Veteran's claims for increased ratings for his service-connected medial epicondylitis of the right elbow and chondromalacia and degenerative changes of the right knee have been granted, with initial noncompensable (0%) ratings effective January 1, 2010.

The Veteran's appeal is being remanded due to the need for a VA examination to assess the current severity of his left knee disability, including instability and osteoarthritis.

The Veteran's current right knee condition is being remanded for further development, including obtaining records related to a work injury he sustained in 1990. The claim will be reconsidered after these records are obtained.

The Veteran's pseudofolliculitis barbae is rated noncompensable, while his right knee disability claim has been reopened but remains denied. The Board found that new and material evidence had been received to reopen the right knee disability claim.

The Veteran's post-operative residuals of an ACL tear of the right knee with arthritis are currently rated at 10 percent, which is the maximum schedular rating available. The evidence does not support a higher evaluation as there is no indication of lateral instability or other conditions that would warrant separate evaluations.

The Veteran's right knee disability, including arthritis and a history of meniscus removal, was rated at 60 percent from December 1, 2009 to the present. The appeal is granted for this period.

The Board finds that the Veteran's current left knee status post arthroplasty and right knee degenerative arthritis are not related to his military service. The VA examiner concluded that these conditions were less likely than not incurred in or caused by the claimed in-service injury.