Knee decisions — 2013

The Veteran's claims for service connection for right and left knee disabilities are being remanded due to the need to secure additional medical records and possibly conduct further examinations.

The Board has remanded the case for additional development, including obtaining records from SSA and scheduling VA examinations to address the Veteran's claims.

The Board denied the Veteran's request for a waiver of recovery of an overpayment of VA disability benefits in the amount of $8,742.07 due to fault on his part and lack of undue hardship.

The Veteran's claims for increased ratings for his service-connected disabilities are being remanded to allow for additional examinations and the obtaining of relevant medical records.

The Veteran's right knee disability, characterized as residuals of right knee meniscectomy with degenerative changes, is currently rated at 20 percent and the claim for an increased rating is denied.

The Board has determined that there is no evidence to support a finding of service connection for the Veteran's right and left knee disabilities as secondary to his service-connected lumbar post laminectomy syndrome with lumbar degenerative disease and recurring fibroma of the left foot.

The Veteran's service-connected right and left knee disabilities have been rated as 10 percent disabling each since May 12, 2011. The claims for higher ratings are denied.

The Board finds that the Veteran's current right knee disability, diagnosed as a right knee meniscus tear, is etiologically related to active duty service. The claim for service connection is granted.

The Veteran's dysfunctional uterine bleeding, menorrhagia, and dysmenorrhea were related to her active service.

The Board has determined that there is no evidence of chronic knee or foot disabilities during service, and the preponderance of the evidence does not support a finding of such disabilities due to service. The Veteran's left foot disability may be considered as a congenital defect aggravated by his service-connected low back disability.

The Veteran's left knee disorder is not related to active service, and the Board finds that there is no clear and unmistakable evidence of aggravation during service. The claim for a right knee disability was remanded but has not been adjudicated yet.

The Veteran's service-connected left knee osteoarthritis with chondromalacia patella and right knee osteoarthritis with partial patellar tendon tear were evaluated at 10 percent each since April 1, 2009. The Veteran's left knee lateral subluxation was also granted a 10 percent evaluation from March 1, 2008.

The Board found that the Veteran's right knee disability did not develop during service and is not shown to have been aggravated by service. The preexisting condition was presumed to exist prior to service, and there is no clear and unmistakable evidence of aggravation.

The Board finds that the Veteran is not entitled to service connection for hypertension, arthritis of the upper extremities, and a knee disability as there is no evidence of these conditions during active military service or otherwise related to service.

The Board has determined that the Veteran's current right and left knee disabilities were not incurred or aggravated by service, and may not be presumed to have been so incurred or aggravated.

The Veteran's left knee RPS is rated at 10 percent, and his right knee strain is not compensably disabling.

The Veteran's service-connected disabilities do not meet the criteria for automobile and adaptive equipment or adaptive equipment only as her loss of use at least one foot is not shown.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and examinations to determine the relationship between his current disabilities and service.

The Board has reopened the Veteran's claim for service connection of a left knee disability and granted an increased rating to 10 percent for his right ankle disability.

The Board has remanded the Veteran's claims of entitlement to service connection for disabilities of the right hip, lumbar spine, and right knee due to additional development being required.