Knee decisions — 2013

The Board found that the Veteran's bilateral knee disorder did not have its clinical onset in active service and is not causally related to active service. As a result, the claim for service connection was denied.

The Board finds that the overpayment of VA compensation benefits in the amount of $3,319.84 was properly created and is a valid debt.

The Veteran's appeal is being remanded for additional development, including VA examinations to assess the nature and etiology of his claimed disabilities.

The Board has found that further development is necessary to determine if the Veteran's death was caused by his service-connected disabilities or due to VA's failure to timely diagnose his lung cancer.

The Board found that the Veteran's right knee disorders did not manifest during active military service or within one year of discharge, and are not related to a disease, injury, or event during service. Therefore, the claim for service connection was denied.

The Veteran's appeal is being remanded due to the need for a Board hearing at the RO.

The Veteran's spouse is not eligible for the full-dollar rate of DIC benefits due to her residence in the Philippines, and her service was with the Commonwealth Army of the Philippines. The Appellant does not meet the criteria for increased DIC based on need for aid and attendance or being housebound.

The Veteran's appeal is being remanded for a TDIU evaluation that considers all service-connected disabilities, including bilateral knee disability, sensorineural hearing loss, and tinnitus. The case will also be reviewed to determine if an extraschedular rating is warranted.

The Veteran's appeal for higher initial ratings for migraine headaches, chest scars, and shoulder/tendon/knee conditions has been dismissed due to the withdrawal of the appeal by the Veteran.

The Board finds that the Veteran's fatigue and weakness may be presumed to be related to his period of service in the Southwest Asia theater of operations, and he has a bilateral knee disorder that is currently manifested. The claims are granted.

The Board found no evidence of a right knee disability incurred or aggravated in service, and denied the Veteran's claim for service connection.

The Board found that the Veteran's currently diagnosed low back, neck, right knee, left knee, and headache disabilities are not related to service. The preponderance of evidence is against a finding that these conditions were incurred or aggravated during active duty.

The Board has remanded the case due to inadequate development of evidence, particularly regarding the Veteran's statements about continuous left knee pain since service.

The Board has determined that the Veteran does not have a current right hip or right knee disability causally related to service, and thus denied his claims for service connection.

The Board denied increased ratings for left knee arthritis with limitation of extension, finding that the Veteran's condition warranted a 30 percent rating effective September 24, 2012.

The Veteran's disability rating for residuals of a right knee injury with degenerative joint disease was reduced from 20% to 10%, effective May 1, 2008. The reduction was proper as the evidence showed improvement in his condition.

The Board denied the Veteran's claims for service connection for a left knee disability, an initial compensable rating for bilateral hearing loss, and an initial compensable rating for right lower leg scar. The appeals were addressed in the remand portion of this decision.

The Board found that the Veteran's current bilateral knee disability, diagnosed as osteoarthritis of the right and left knees, was not incurred or aggravated during service. The claim for direct service connection was denied.

The Board has determined that the Veteran's bilateral knee disability, including meniscus tears and arthritis, is related to his active military service. The claim for service connection is granted.

The Board found that the Veteran's right knee disability was not incurred or aggravated in service and denied his claim.