Knee decisions — 2014

The Veteran's claim for an annual clothing allowance is being remanded due to the need for a certification from the Under Secretary for Health regarding whether her knee brace tends to wear her clothing. The Veteran has service-connected right knee disability, but her current brace does not qualify under the provisions of 38 C.F.R. § 3.810(a)(1).

The Veteran's claims for higher initial ratings for his service-connected lumbosacral spine disability, right knee patellofemoral pain syndrome, and right ankle strain have been denied. The Board found that the evidence did not support assigning an initial rating greater than 10 percent for any of these conditions.

The Veteran's left knee osteoarthritis is rated at 10 percent prior to September 24, 2008. From March 1, 2007 to September 24, 2008, she was granted a separate 10 percent rating for slight instability of the left knee. Since September 25, 2009, her partial left knee replacement residuals are rated at 30 percent.

The Veteran's right knee degenerative joint disease has been granted service connection. However, his onychomycosis and tinea pedis of the bilateral feet have not met the criteria for a compensable rating under the schedular evaluation.

The Veteran's claim for an increased rating for his service-connected left knee disability was denied by the Board, as there is no evidence of limitation of extension to 30 degrees or more or chronic residuals consisting of severe painful motion or weakness in the affected extremity.

The Board is remanding the case for additional development, including scheduling a VA examination and obtaining updated medical records. The Veteran's claim will be reconsidered after these actions.

The Board has decided to remand the Veteran's claim of service connection for a left knee disorder due to incomplete medical opinions and missing records. The case will be reviewed again with additional development, including obtaining MEB records and arranging for an appropriate VA examination.

The Veteran's right knee and ankle DJD are found to be proximately due to his service-connected neuritis of the saphenous nerve of the right leg, with resolution of reasonable doubt in favor of the Veteran.

The Board found that the Veteran does not have a left knee disability due to service or a service-connected condition, and therefore denied his claim for service connection.

The Veteran's service-connected disabilities do not meet the schedular requirements for a TDIU rating, and there is no evidence of an exceptional or unusual disability picture that would preclude securing substantially gainful employment. The Board finds that referral to the Director of Compensation and Pension Service for extraschedular consideration is not warranted.

The Veteran's claim for service connection for DJD of the bilateral knees is being remanded due to incomplete Reserve service records and insufficient medical nexus opinion. The case will be further reviewed after additional development.

The Veteran's appeal is being remanded for additional development, including obtaining his VA treatment records from the Memphis VAMC dated in 1991 and from August 2012 to present. The AOJ must also attempt to obtain any pertinent private treatment records.

The Veteran has been diagnosed with PTSD and his bilateral shoulder disabilities are considered to be directly related to service. His bilateral knee retropatella pain syndrome is also found to be directly related to service.,Service connection for PTSD, left shoulder disability, right shoulder disability, left knee retropatella pain syndrome, and right knee retropatella pain syndrome has been granted.

The Veteran has withdrawn his appeal of the issues related to service connection for a bilateral hip condition, low back condition, and an increased evaluation for service-connected residuals of right knee injury with tricompartmental osteoarthritis and scar. The claims are therefore dismissed.

The Veteran's service connection for tardive dyskinesia has been granted.,Service connection for left eye twitching is also established.

The Veteran's claims of reopening previously denied and final service connection claims for arthritis of the knees and status post subtotal thyroidectomy are being remanded due to a request for a hearing before the Board.

The Veteran's service-connected conditions do not render him bedridden or so helpless as to require regular aid and attendance, thus his claim for SMC based on need for regular aid and attendance or housebound status is denied.

The Board has determined that additional development is necessary to determine the Veteran's periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA), as well as his exposure to asbestos and other hazardous materials during service. The appeal will be remanded for these purposes.

The Board has determined that the Veteran does not have a current right ear hearing loss disability, and thus service connection for this condition is denied. The claim for bilateral hearing loss is granted as it meets the criteria for service connection.

The Board has reopened the claim for service connection for a right knee disability and finds that it is warranted due to the evidence showing a current right knee disability had its onset during active service.