Knee decisions — 2013

The Veteran's claim for a higher level of special monthly compensation (SMC) has been denied as he does not meet the criteria for SMC at the 'o' level due to his service-connected disabilities.

The Veteran's right knee disability, specifically the arthritis and post-surgical meniscectomy, has been rated at 20 percent since January 20, 2011.

The Veteran's right knee disabilities are manifested by pain, stiffness, and mild instability but not severe recurrent subluxation or lateral instability. The criteria for a disability rating greater than 20 percent for right ACL repair with residual instability have not been met.

The Board has remanded the claims for additional development due to inadequate VA examination and failure to consider the theory of aggravation.

The Veteran is granted a separate 10 percent rating for instability of the right knee prior to February 7, 2011 and a 10 percent rating thereafter. He is also granted an increased rating for residuals of remote meniscal tear of the right knee. The claim for service connection for a low back disability secondary to the right knee disability was not addressed as it pertains to a different issue.

The Veteran's left knee disability was rated at 30 percent effective January 27, 2005.

The Board denied the Veteran's claims of service connection for bilateral hip and shoulder conditions, finding that there was no evidence linking these conditions to his service-connected knee disabilities. The Board also found that the Veteran's current back condition is not service connected.

The Board denied service connection for the claimed conditions, including scoliosis, degenerative disc disease of the back (back disability), right leg condition, left thigh disability, and bilateral knee disability, as they were not shown to be directly related to service.

The Board has determined that the Veteran's current left and right knee disorders did not develop during service or are otherwise related to her military duties. As such, she is denied service connection for these conditions.

The Veteran's initial claim for a left knee disability was denied, and her subsequent request for an increased rating from September 29, 2011, was also denied. The VA determined that the current ratings adequately reflected the severity of her condition.

The Board has decided that new and material evidence has been submitted to reopen the claims for service connection of back strain, bilateral knee conditions, sinus headaches, migraine headaches, chronic stomach pain, and right ear condition. The claim for service connection of right ear condition remains denied.

The Veteran's knee disabilities have been evaluated as degenerative joint disease under DCs 5003 and 5260. The VA examinations conducted during the appeal period did not show any limitation of motion or instability that would warrant a separate, compensable evaluation.

The Board has determined that the Veteran's service-connected right knee disability warrants a rating of 10 percent, effective from January 2009.

The Board has remanded the case to the RO for further development due to the need for a VA examination and additional medical records. The Veteran's claim of service connection for bilateral knee disability is pending, with secondary service connection also raised.

The Board has determined that the Veteran's current bilateral knee and back disorders are not related to his service-connected left foot plantar keratosis, and thus denied both claims.

The Veteran's service-connected joint pain due to undiagnosed illness is currently rated at the maximum schedular rating of 40 percent.,Service connection for degenerative disease of the lumbosacral spine and bilateral knee disabilities are granted as secondary to his service-connected joint pain.

The Veteran's claim for an extra-schedular rating and TDIU was denied. The Board found that the evidence did not support entitlement to an extra-schedular rating, as no unusual or exceptional disability picture had been demonstrated. For TDIU, the combined evaluation of 80% met the minimum requirements but the Veteran's service-connected disabilities were deemed insufficient for a finding of unemployability.

The Board found that the Veteran's current right knee disability did not begin during service, was not caused by his in-service knee injury, and is not otherwise etiologically related to active duty service.

The Veteran's claims for service connection for low back, leg and knee disorders are being remanded due to the need for a VA examination.

The Veteran seeks service connection for various disorders, including knee, foot, ankle, nose, and eye problems. The Board has ordered remand to obtain additional development, including a VA examination.