Knee decisions — 2013

The Veteran's claim of entitlement to a total disability rating for compensation based on individual unemployability is being remanded due to insufficient evidence regarding his ability to secure or follow substantially gainful employment.

The Board has remanded the case due to the Veteran's request for a videoconference hearing.

The Veteran is seeking service connection for multiple sclerosis, anemia, bilateral knee disabilities, and a right hip disability. The case has been remanded due to incomplete records and the need for further medical examination.

The Board found that the Veteran's bilateral knee osteoarthritis did not manifest in service or within one year of separation from active service, and there is no probative evidence linking postservice bilateral knee osteoarthritis to service. As such, the claim for service connection was denied.

The Board has determined that the VA examination is insufficient and remands the case for further development, including obtaining an opinion regarding whether any diagnosed right and/or left knee disorder is related to the Veteran's active duty service.

The Veteran's right knee disability is rated at 20 percent, effective from the date of the remand. The left knee instability is also rated at 10 percent.

The Board has remanded the Veteran's claim for a left knee disability to obtain an examination and additional medical opinions. The Veteran is seeking service connection for his current left knee disability, which he claims was caused or aggravated by his service-connected right knee disability.

The Veteran's claims for increased ratings on the right knee and left middle finger disabilities were denied by the RO, with no effective date provided.

The Board denied service connection for right hand, right elbow, and bilateral foot conditions as secondary to the Veteran's service-connected left knee disability. The claims for increased ratings for the left knee were also denied.

The Board has granted service connection for a low back disorder and bilateral knee disorders, finding that the Veteran's current conditions are at least as likely as not related to his in-service injuries. Service connection was denied for bilateral hearing loss.

The Board has determined that the Veteran's low back disability is caused or aggravated by his service-connected right knee and hip disabilities, warranting service connection.

The Board found that the Veteran's left knee disorder and acquired psychiatric disability, to include PTSD, were not incurred or aggravated by his military service.

The Board has determined that the Veteran's claimed conditions are not related to his military service or any in-service injury. The claims of service connection for bilateral hearing loss, tinnitus, and right knee disability have been denied as secondary to his service-connected varicose veins.

The Veteran's claim for an initial rating greater than 10 percent for left knee meniscus tear is being remanded due to the failure of VA to provide proper notice and scheduling of a VA examination.

The Veteran's service-connected left knee disability warrants a rating of 10 percent, effective September 10, 2002.

The Board denied a request for an earlier effective date for service connection of degenerative joint disease of the right knee, finding that entitlement to such service connection did not arise prior to February 17, 2010.

The Veteran's claims for service connection and a compensable disability rating for his left knee condition were granted, with the initial rating of 10% effective May 29, 1998. The issue of a separate disability rating for a left tibia disorder was not addressed in this decision.

The Veteran's claims for higher initial ratings for degenerative joint disease and instability of the knees were denied as his range of motion did not meet the criteria for a higher rating under VA regulations.

The Veteran's left knee disability is rated at 30 percent disabling, effective March 1, 2010. The claim for service connection for a left hip disability secondary to the service-connected left knee disability was granted.

The Veteran's appeal is remanded for additional VA examinations to determine his ability to obtain and maintain substantially gainful employment due to his service-connected disabilities, without considering nonservice-related factors such as age. The claim will be readjudicated after the examination reports are received.