Knee decisions — 2013

The Veteran's right knee disability was rated at 10 percent prior to January 20, 2011 and 30 percent as of March 1, 2012. The Board found that the current ratings adequately reflected his disability.

The Veteran's service-connected disabilities do not render him so helpless as to require the regular aid and attendance of another person, nor does he have a disability rated at 100% disabling in conjunction with a separate disability rated at 60% or higher. Therefore, his claims for special monthly compensation based on need for aid and attendance and TDIU are denied.

The Veteran's appeal for a total disability rating based on individual unemployability due to service-connected disabilities was denied by the Board of Veterans' Appeals.

The Veteran's right knee disability, post-total replacement surgery, has resulted in limitation of motion and instability but not severe residuals. The current rating is appropriate.

The Veteran's appeal is being remanded to obtain a statement of the case on his claim for service connection for depression, and to schedule him for a VA examination to assess the impact of his service-connected disabilities on his employability. The TDIU claim will be deferred pending resolution of the service connection issue.

The Veteran is seeking increased ratings for his service-connected bilateral knee disabilities. The Board has determined that a new VA examination and additional medical records are necessary to properly assess the current severity of these conditions.

The Board has determined that the overpayment of VA compensation benefits was based solely on administrative error and not due to any fault or misrepresentation by the Veteran. As a result, the debt is invalid.

The Board granted increased ratings for the Veteran's right knee disability and denied a rating in excess of 10 percent for his left knee disability.

The Veteran's claims for service connection for knee, hip, and foot disorders have been dismissed due to the death of the Veteran.

The Board has granted service connection for right knee, right elbow, and low back disabilities. The Veteran is assigned a 20 percent rating for the left elbow disability.

The Board has remanded the case for additional development, including obtaining private medical records and scheduling a VA examination. The Veteran's claim will be reconsidered based on the new evidence.

The Veteran's right knee disability is characterized by severe instability and degenerative arthritis, resulting in a 30 percent rating. A separate 10 percent rating for degenerative arthritis has been granted.

The Veteran's left and right knee disabilities were not shown to be present in service or within one year of discharge, and there is no competent clinical evidence linking the current diagnoses to his active service.,A diagnosis of PTSD was established based on an inservice stressor. The Veteran has a current diagnosis of bilateral knee arthritis, which is considered a direct service connection case as it is not linked to service.

The Board has granted service connection for a mood disorder and denied service connection for a right knee disorder. The mood disorder is found to be related to the Veteran's military service, while the right knee disorder is not shown by the evidence of record.

The Veteran's below-knee amputation of the right extremity was not caused by VA carelessness, negligence, or error. The Board found that the causation requirements for a valid claim were not met.

The Veteran's claims for increased evaluations of his low back disability and associated sciatic nerve radiculopathy were denied. The Veteran was not granted any additional ratings.

The Veteran's lumbar spondylolisthesis is rated at 20 percent, and his right knee degenerative arthritis, left knee status post partial meniscectomy with ACL reconstruction, and left knee status post partial meniscectomy are all rated as 10 percent.

The Veteran's claim of entitlement to an initial rating in excess of 10 percent for right knee degenerative joint disease is being remanded due to the need for a new VA examination.

The Board has remanded the case for additional development, including obtaining service personnel records and a medical opinion regarding the relationship between the Veteran's right knee disability and his active duty service.

The Veteran's claim for service connection for a left knee disability is being remanded due to the need for additional examination and consideration of her chronic symptomatology.