Knee decisions — 2014

The Veteran's service-connected disabilities require the need for aid and attendance of another person, as evidenced by his inability to dress or undress himself, take care of hygiene needs, prepare meals, manage medications, and attend to personal needs. The Board finds that he meets the criteria for special monthly compensation based on the need for aid and attendance.

The Veteran's appeal for a rating in excess of 10 percent for left knee lateral release and medial reefing with degenerative arthritis has been dismissed as the claim was not perfected within one year from the notification of the denial. The right knee disorder claim is reopened due to new evidence received since the November 2006 decision.

The Veteran's appeal is being remanded for additional development to clarify the nature and etiology of his claimed disabilities, including ankle, knee, low back, and cervical spine disabilities.

The Veteran's claim for service connection for arthritis of the back, hips, and knees is being remanded due to missing service treatment records and the need to obtain Social Security Administration disability benefits records. Further development including a VA examination is required.

The Veteran's bilateral knee disability was found to have pain on motion prior to March 6, 2012 and from June 27, 2012 to December 17, 2012. The condition did not meet the criteria for a compensable rating under any applicable diagnostic codes.

The Board of Veterans' Appeals has remanded the case for additional development due to a previous denial and appeal to the United States Court of Appeals for Veterans Claims.

The Board has remanded the case due to incomplete development of records and failure to ensure substantial compliance with prior remands. The Veteran's hypertension, inguinal hernia, bilateral knee disorder, and sleep apnea claims are inextricably intertwined and must be addressed together.

The Veteran's claims for service connection for left knee and left ankle disabilities have been reopened, but new evidence does not relate to an unestablished fact necessary to substantiate the claim.,Service connection has not been established for hearing loss or tinnitus as there is no current diagnosis of these conditions.

The Veteran's left knee disability is due to his service-connected bilateral foot disability. The claim for compensation under the provisions of 38 U.S.C.A. § 1151 for bilateral hearing loss and tinnitus remains pending.

The Board has determined that the Veteran's emergency medical treatment at Halifax Medical Center on January 18, 2009, was for a medical emergency and that VA facilities were not feasibly available. The claim is granted for payment of $111.00 in unauthorized medical expenses.

The Veteran's appeals for higher ratings on multiple service-connected conditions have been dismissed due to the Veteran withdrawing his claims prior to a decision being made by the Board.

The Veteran's claim for an initial disability evaluation in excess of 30 percent for degenerative joint disease of the right knee is being remanded due to missing VA treatment records and the need for a contemporaneous VA examination.

The Veteran's claims for service connection and increased ratings were denied. The claim for left ear hearing loss was not substantiated as the Veteran did not have sufficient impairment to qualify as a disability. The claim for service connection for residuals of left leg thrombosis, respiratory disability, and left knee disability is addressed in the REMAND section. Other claims are denied.

The Board has remanded the Veteran's claims for additional development due to the need for new VA examinations and retrieval of relevant treatment records.

The Board has determined that the Veteran's rheumatoid arthritis and right knee osteoarthritis are not related to her service. The evidence does not support a finding of in-service onset or chronicity.,Service connection for rheumatoid arthritis is denied as there is no evidence of its manifestation during service, and the April 2013 VA examiner opined that it is unrelated to service.

The Veteran is granted an annual clothing allowance for the year 2011 due to his service-connected knee disabilities causing premature wear of his clothing.

The Veteran's service-connected patellofemoral syndrome of the right knee and musculoligamentous strain of the left knee are not shown to warrant an evaluation in excess of 10 percent.

The Veteran's service-connected residuals of left knee injury and degenerative joint disease prior to November 5, 2012 were found not to warrant a higher disability rating.

The Board has remanded the case for further development, including obtaining private medical records and arranging a VA examination.

The Board found that the Veteran did not meet the criteria for service connection for his claimed sinus disorder, hemorrhoids, right shoulder disorder, right hip disorder, right knee disorder, and right ankle disorder due to lack of evidence showing a nexus between these conditions and service.