Knee decisions — 2016

The Veteran's appeal is being remanded for additional development due to the submission of new evidence after a Supplemental Statement of the Case (SSOC) was issued in September 2015.

The Board denied the Veteran's claims for increased ratings for his bilateral knee conditions, finding that there was no evidence of a service connection for erectile dysfunction and insufficient evidence to support higher disability ratings for his left knee gonoarthritis with scars, right knee instability, and right knee osteoarthritis.

The Board has determined that additional development is needed to obtain the Veteran's Navy service records and Social Security Administration (SSA) records, as well as to provide a supplemental opinion regarding the etiology of his right knee osteoarthritis. The case will be remanded for these actions.

The Board has determined that the Veteran's service connection claims for left and right knee conditions are granted, with a direct relationship to his active duty service. However, no compensable rating is assigned due to the current level of hearing loss.

The Veteran's appeal is being remanded for further development, including an additional VA examination to assess the severity of his service-connected left knee disability. The case will be returned to the Board after this development.

The Board found clear and unmistakable evidence that the Veteran's right knee disorder existed prior to service. The Board also found clear and unmistakable evidence that the condition was not aggravated by service.

The Board denied the Veteran's attempts to reopen his claims for service connection for right knee disability and spondylolisthesis of L4-L5, finding that no new and material evidence had been submitted.

The Veteran's claim for service connection for a right knee disability is denied as there is no current evidence of a diagnosed disability.

The Veteran's service-connected disabilities do not make him permanently bedridden or unable to care for his daily needs without requiring the regular aid and attendance of another person. The Veteran is in receipt of a total disability rating based on individual unemployability, but does not have a separate service-connected disability or service-connected disabilities rated at 60 percent or better and the Veteran is not permanently confined to his immediate premises as a result of service-connected disabilities. Therefore, SMC based on the need for aid and attendance of another person or by reason of being housebound has not been met.

The Veteran's claims for increased ratings and effective dates have been denied. The Board found that the appropriate effective date is April 24, 2009.,For the period prior to April 24, 2009, the Veteran did not meet the schedular criteria for a TDIU.

The Board has determined that the Veteran's current back disorder was not incurred in or related to service, and thus denied his claim for service connection. The right knee disorder issue remains pending as it is unclear if secondary service connection can be established.

The Veteran's death was caused by an accidental drug overdose, which is considered the result of his own willful misconduct. The service-connected disabilities and prescribed medications did not contribute to his cause of death.

The Board has determined that additional development is necessary before the claims can be decided, including obtaining an addendum opinion from a VA examiner regarding the Veteran's right knee disorder and addressing his complaints of 'trick' or locked knee noted at the time of his separation from service in May 1979. The TDIU claim is also remanded as it is inextricably intertwined with the claims for right knee and back disorders.

The Board has denied the Veteran's claim of service connection for a right knee disability due to lack of competent evidence of a current disability. The Veteran was treated for a right knee strain during his military service, but no current right knee disorder is currently shown.

The Veteran's appeal includes issues regarding higher initial ratings for his right knee and right elbow disabilities, as well as a claim for TDIU. The case is being remanded to obtain additional evidence and adjudicate these claims.

The Veteran asserts that he injured his left knee during basic training, but the VA examiner found no evidence of a pre-existing condition aggravation. The case is being remanded for further development including obtaining private treatment records and arranging for an examination.

The Veteran's Osgood Schlatter's disease with DJD of the left knee has been rated at 10 percent, which is the maximum schedular rating available for this condition. The current symptoms do not warrant a higher rating as there is no evidence of instability or other conditions that would justify an increased rating.

The Board has determined that the Veteran's current knee disability is not related to his active service and therefore denied his claim for service connection.

The Veteran's claims for service connection were granted, and he was assigned a 30 percent rating for his vertigo as of November 27, 2006. The issues of increased initial ratings for TBI-related disabilities and entitlement to TDIU are also addressed.

The Board found that the Veteran's symptoms of instability in his right knee do not warrant a separate rating, but did grant him a higher rating for his service-connected chondromalacia of the right knee on an extraschedular basis.