Knee decisions — 2017

The Veteran's service-connected migraine headaches are currently rated at 30 percent, effective May 7, 2010. The rating is based on the frequency and severity of his prostrating attacks.

The Veteran's appeal is being remanded for additional development to determine if he has current left or right knee disabilities that are related to service. The case will be returned to the Board after this development.

The Veteran's right ankle disability, including gout, was incurred in active service. The Board finds the evidence at least as not equally balanced and grants service connection for a right ankle disability.

The Veteran's claims for higher ratings for his right and left knee disabilities are being remanded due to the need for additional development, including obtaining updated treatment records and scheduling a VA examination.

The Veteran's left knee disability, which included a total knee replacement surgery in July 2007, is rated at 60 percent from September 1, 2008 and thereafter. A separate 10 percent rating was granted for the scar associated with the surgery.

The Veteran's appeal is being remanded due to incomplete service personnel and medical records, which may affect his eligibility for VA home loan guaranty benefits.

The Board has determined that the Veteran's bilateral knee osteoarthritis is not related to his military service and therefore denied his claims for service connection.

The Veteran's service-connected left knee disabilities are being remanded for additional development, including obtaining updated VA treatment records and scheduling the Veteran for an appropriate VA examination to assess the current nature and extent of his conditions.

The case is being remanded for additional development to determine the severity of the Veteran's low back disability, PTSD, left knee degenerative joint disease and instability, as well as whether her service-connected knee disabilities are secondary or aggravated by her low back disability. The Veteran will also be asked to authorize VA to obtain physical therapy records from 'Vital Energy and Force'.

The Board found that the April 2008 rating decision did not contain CUE in denying earlier effective dates for the Veteran's service-connected conditions. The RO assigned an effective date of February 8, 2005, which was within one year of the original claims filed by the Veteran.

The Veteran's application for nonservice-connected pension benefits was denied as he did not meet the basic eligibility requirements due to lack of evidence showing qualifying income and net worth, and medical evidence did not show his non-service connected conditions were severe enough to prevent him from securing and following a substantially gainful occupation.

The Board found that the Veteran's right knee and lumbar spine disabilities were not incurred in or aggravated by service, and denied his claims for increased ratings.

The Veteran's claim for nonservice-connected pension benefits was denied prior to his parole date of May 18, 2012 due to incarceration following a conviction.

The Veteran's service-connected conditions do not preclude him from obtaining or maintaining substantially gainful employment.

The Board has remanded the claims for service connection and TDIU prior to June 21, 2013 due to conflicting medical opinions regarding the Veteran's low back disability and bilateral knee disabilities. Additional development is required.

The Veteran's generalized arthralgias of the shoulders, elbows, knees, hands, thumbs, and lumbar spine have been rated at 40 percent since June 2006. The esophagitis with Mallory Weiss syndrome and hiatal hernia has not met criteria for a higher rating.

The Veteran's left knee disability is rated at 20 percent since November 1, 2008. He was granted a TDIU and SMC based on need for aid and attendance or housebound status effective October 10, 2014.

The Veteran's service-connected disabilities do not prevent her from securing and maintaining substantially gainful employment.

The Veteran's appeal is being remanded for additional development to address his claims of service connection and increased ratings for left knee and shoulder disabilities.

The Veteran's lower back, stomach, and left knee conditions did not result in additional disabilities as a result of the June 2007 attack at the North Chicago VAMC.,There is no evidence showing that the Veteran suffered any new or worsened condition to his lower back, stomach, or left knee due to the incident.