Knee decisions — 2014

The Veteran's appeal is being remanded for additional development of his claims, including obtaining VA and private treatment records and providing an addendum opinion regarding the etiology of his lumbar spine disorder.

The Board finds that the Veteran's income exceeded the maximum non-service-connected pension rate, thus denying his claim for non-service-connected pension benefits.

The Veteran is seeking service connection for depression that he claims is secondary to his service-connected left knee disabilities. The Board has determined that additional development, including obtaining medical opinions and updating treatment records, is needed before the claim can be decided.

The Board has determined that the Veteran's service-connected PTSD contributed to his death, and thus grants service connection for the cause of death.

The Board has determined that a remand is necessary to consider recent and upcoming treatment records, obtain private treatment records, and provide the Veteran with another VA opinion regarding his knee disabilities.

The Veteran seeks service connection for a left knee disability, which he claims is related to his active duty service. The Board finds that further development is needed as the January 2011 VA examination and opinion are inadequate due to the examiner's failure to consider multiple instances of left knee injuries during the Veteran's military service.

The Veteran's claims for service connection for low back disorder, bilateral knee disorder, and bilateral ankle disorder are being remanded due to conflicting opinions on the etiology of his current conditions. Additional information regarding in-service paratrooping activities is needed.

The Veteran's claims for increased ratings for gastroesophageal reflux esophagitis, sinusitis, right knee arthroscopic surgery (status post), and left knee strain have been denied as his conditions do not warrant a rating in excess of the current 10 percent evaluations.

The Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation since May 1, 2009.

The Veteran's service-connected right and left knee disabilities are rated at 20 percent each, the maximum schedular rating for arthritis with instability of a joint. The ratings reflect the severity of his symptoms including pain, weakness, fatigability, and lack of endurance.

The Veteran's right knee disorder is not service-connected as it did not manifest during service or within the applicable presumptive period, and there is no evidence of a chronic condition in service. The VA examiner found that the current right knee disorder is unrelated to service.,Asthma was not shown in service or for many years thereafter, and is unrelated to service or to a disease or injury of service origin.

The Veteran's claims for service connection for bilateral knee and hip disabilities, to include as secondary to his service-connected right ankle disability, are being remanded due to the need for additional development.

The Veteran's allergic rhinitis with pharyngitis is rated at 10 percent, while his degenerative arthritis of the right knee and left knee are currently not assigned a rating due to lack of evidence indicating service connection theory other than direct.

The Veteran's right knee disability, including arthritis and ACL insufficiency with medial meniscal tear, is currently rated at 20 percent disabling. The Board finds that the evidence does not support a higher rating for either condition.

The Board has ordered additional development due to the need for a medical opinion regarding the etiology of the Veteran's right knee disability. The claim is being remanded for further review.

The Veteran's left knee disability, including his total knee replacement, is rated at 30 percent since October 1, 2009.

The Board denied the Veteran's claims for service connection for hypertension and left knee disorder, finding that new and material evidence had not been submitted to reopen the latter claim. The decision also noted that the in-service high blood pressure readings were not related to active duty service.

The Veteran's claims for tinnitus, right shoulder disability, and bilateral knee disability are being remanded due to the Veteran not appearing for scheduled VA examinations. The AOJ must verify that notice was sent to the correct address and reschedule the appellant for new VA examinations.

The VA examiner found that the Veteran's current left knee degenerative joint disease is less likely related to his active service or his National Guard training, and most likely due to natural progression of the disease due to age or other causes.

The Board has remanded the case for further development, including a new VA examination to assess the current nature and extent of the Veteran's right knee disability. The Veteran will be provided an opportunity to respond to the supplemental statement of the case.