Knee decisions — 2013

The Veteran's left knee disorder has been rated at 10 percent since June 3, 2005. The claim for an increased rating is granted with separate ratings for instability and limitation of flexion.

The Board denied the Veteran's claims for service connection for left ankle disability, bilateral lower extremity disability, low back disability, and psychiatric disability. The evidence did not support a finding of chronic conditions related to service.

The Veteran's service-connected disabilities combine to a total rating of 60%, which is not sufficient for TDIU. The VA examiners concluded that the Veteran is still able to secure and maintain substantially gainful employment despite his limitations.

The Veteran's appeal is being remanded to the RO for a Board video-conference hearing and clarification of his current representative. The issues are whether new and material evidence has been received to reopen a claim for service connection for bilateral knee disability, and entitlement to service connection for low back disability.

The Veteran's appeal is being remanded to the RO for additional development, including scheduling a VA examination and obtaining outstanding VA treatment records. The claims will be adjudicated again based on the new evidence.

The Board has determined that the Veteran's right knee patellofemoral pain syndrome is service-connected as it is presumed to have started during his active duty service.

The Veteran's TDIU claim is granted, and his claims for service connection of various knee, back, ankle, and hip disorders are reopened. The effective date remains pending.

The Veteran's left knee disability was rated as 10 percent prior to September 2, 2010 and increased to 40 percent from that date. The right knee patellar tendonitis was rated at 10 percent prior to September 2, 2010 and increased to 50 percent from that date. Right knee instability was rated as 10 percent.,The Veteran's left knee disability is currently rated as 40 percent disabling since September 2, 2010.

The Veteran's spouse has been diagnosed with several conditions, including rheumatoid arthritis, fibromyalgia, glaucoma, essential tremors, osteoarthritis requiring knee replacement and high blood pressure. The Board finds that the evidence shows she requires regular aid and attendance due to her disabilities.

The Veteran's service-connected conditions do not meet the criteria for special monthly compensation based on the need for regular aid and attendance of another person.

The Veteran's appeal of the remaining claims has been withdrawn, and thus these claims are dismissed.

The Board found that the Veteran's right knee disability was not incurred in or aggravated by active military service, and denied both his claims for a right knee disability and a left knee disability.

The Veteran's claims for increased ratings have been denied. The Board found that the evidence did not support granting any of the requested increases in disability ratings.

The Board finds that the Veteran's current left knee condition is not related to his service, as there is no evidence of a nexus between his in-service injuries and his current disability.

The Veteran's service-connected left knee and left ankle disabilities are currently rated as 10 percent disabling, but the evidence does not support higher ratings.

The Veteran's service-connected disabilities have caused him to be in need of regular aid and attendance, as he is unable to bathe himself or protect himself from daily hazards without assistance.

The Veteran's service-connected limitation of motion due to arthritis as a postoperative residual of a right knee injury is currently rated at 10 percent, and the evidence does not support an increase in rating.

The Veteran's left knee disorder is being remanded for a new VA examination to determine if it was caused or aggravated by his service-connected right knee disorder. The examiner must consider the Veteran's self-report and two private medical opinion letters that support a causal link between the disorders.

The Board found no evidence of tinnitus in service and concluded that it is not related to service. Service connection for bilateral hearing loss was also denied as there was no evidence linking the condition to service.

The Board has determined that additional development is necessary to properly adjudicate the Veteran's claims for service connection of right hip disorder, left knee disorder, and bilateral leg pain. This includes obtaining relevant medical records and conducting a VA examination.