Knee decisions — 2013

The Veteran's appeal is being remanded due to the need for a VA examination regarding his headaches and knee conditions, as well as VCAA notice regarding secondary service connection.

The Veteran's claims for service connection for a left knee disorder and shell fragment wound residuals of the back are being remanded due to the need for additional examinations.

The Board has determined that the Veteran does not have a left knee disability or right knee disability that is attributable to active duty service. The Veteran's current bilateral knee disabilities are found to be more likely related to age-related degenerative joint disease rather than an in-service injury.

The Veteran's left knee arthritis, established by X-ray findings, warranted a separate 10 percent rating from September 27, 2000 through February 11, 2008.

The Veteran's claimed conditions were not incurred or aggravated by his military service, including active duty for training and inactive duty for training. The Board finds no evidence of a nexus between the current disabilities and service.

The Board has determined that the Veteran's bilateral carpal tunnel syndrome is service-connected. The issues of service connection for right and left knee disorders are remanded due to incomplete examination findings.

The Veteran's claim for service connection for a left leg/knee disability was denied. The rating for his headaches and dizziness, however, was granted at 50% effective May 10, 2012.

The Veteran's right knee disability, including the need for additional compensation under 38 U.S.C.A. § 1151, is not supported by evidence showing that VA care caused his condition.

The Veteran's claims for an effective date earlier than April 17, 2001, for the award of a total disability rating due to individual unemployability (TDIU) and Dependents' Educational Assistance (DEA) benefits were denied.,There was no evidence of a claim or increase in disability prior to April 17, 2001, which is when the Veteran's informal claim for an increased rating for his service-connected knee disorder was received.

The Board found that the Veteran's current right knee disability, diagnosed as osteoarthritis, was not incurred in or aggravated by service and may not be presumed to have been incurred in service.

The Veteran's patellar bursitis and synovitis of the left knee have been rated at 10 percent since 1982, with no higher rating granted. The ingrown toenail of the right great toe has also been rated at 10 percent.

The Veteran's appeal is being remanded for additional development to address his claims of service connection for a left knee disorder and a compensable rating for bilateral hearing loss.

The Veteran's right knee disability resulted in a temporary total rating due to convalescence from June 27, 2008 through October 1, 2008. The claim is granted.

The Veteran's appeal is remanded for further development, including a VA examination to assess the severity of his service-connected right knee disability and whether separate ratings are warranted. The claim also includes consideration of TDIU.

The Veteran's appeal is being remanded for scheduling a videoconference hearing. The TDIU claim remains pending.

The Board found that the Veteran's claimed lumbar strain with DDD of the thoracolumbar spine, cervical spinal stenosis, left shoulder disorder, and bilateral knee disorder were not incurred in or aggravated by service. The failure to report for VA examinations served only to deprive the Board of critical clarifying medical evidence.

The Board denied the Veteran's claims for service connection for a right knee disability, a scar of the right knee, and a left knee disability. The decision concluded that these disabilities were not incurred or aggravated by his military service.

The Veteran's appeal is being remanded for additional development to obtain medical opinions regarding the etiology of his claimed disabilities, including bilateral hearing loss and tinnitus. The low back, right shoulder, and left knee conditions are also under review.

The Veteran's claims for service connection are being remanded due to the need for additional examination and development of his medical records.

The Veteran's claims for increased ratings for his service-connected knee, lumbar spine, and right shoulder disabilities are being remanded to allow for additional development including scheduling a VA examination.