Knee decisions — 2017

The Veteran's service-connected right shoulder and left knee disabilities do not render him so helpless as to require regular aid and attendance of another person, thus his claim for special monthly compensation based on the need for regular aid and assistance is denied.

The Veteran's PTSD is currently rated at 70 percent from October 15, 2010 until March 21, 2017. From that date, the rating has been reduced to 30 percent.

The Board denied the appellant's claims for increased ratings for his service-connected left knee and lumbar spine disabilities, as well as his claim for a TDIU. The case is being remanded to obtain additional medical opinions and address procedural issues.

The Board has remanded the case for additional development due to incomplete medical opinions regarding the etiology of the Veteran's knee disabilities and hearing loss.

The Board denied the Veteran's claims of service connection for diabetes mellitus and its residuals, residuals of a gunshot wound to the throat, and right ear hearing loss. The appeal was not reopened due to lack of new and material evidence.

The Board found that the Veteran's right knee disorder was not incurred or aggravated by military service, and thus denied his claim for service connection.

The Veteran's gout was found to be manifested by incapacitating exacerbations occurring three or more times per year, warranting a 40 percent disability rating. The criteria for higher ratings were not met for the other issues.

The Veteran's appeals regarding the appropriate disability ratings for cataracts and left knee arthritis with scar are pending. The claim for SMC based on the need for aid and assistance or being housebound is also pending, but will be deferred until these issues are resolved.

The Veteran's claim for service connection for a left knee disability is being remanded due to incomplete STRs and the need for an additional examination. The case will be returned to the Board once these requirements are met.

The Veteran's osteoarthritis of the left knee has been evaluated at 10 percent since October 1987. The Board finds that her symptoms do not warrant a higher rating, and she is not entitled to a TDIU due to service-connected disabilities.

The Veteran seeks a TDIU based on his service-connected disabilities, but additional development is needed to fully assess the impact of these conditions on his ability to work.

The Veteran's service-connected disabilities (left knee, right knee, and right ankle) have been found to meet the criteria for a TDIU prior to November 22, 2014. The combined rating of these conditions is at least 70% during this period.

The Board has determined that additional development is necessary before the claims can be decided, including a new VA examination to determine if any diagnosed lumbar spine, bilateral knee, or bilateral ankle disabilities are etiologically related to his active duty service and/or caused by his service-connected bilateral foot disabilities.

The Veteran's post-operative residuals of right knee injury with traumatic arthritis were not found to warrant a rating in excess of 10 percent prior to April 26, 2011. As of June 1, 2012, the disability was also not found to warrant a higher than 30 percent rating.

The Veteran's claims for increased disability evaluations and service connection were denied. His arthritis of the left knee with limited range of motion is rated at 10 percent, while his residuals of trauma and lateral meniscectomy of the left knee are rated at 20 percent.

The Veteran's appeal for an extension of a temporary total evaluation for right knee disability beyond December 14, 2008 has been dismissed as moot due to the grant of a permanent TDIU rating effective December 15, 2008. The issue of an earlier effective date for TDIU is addressed in the REMAND portion.

The Board has determined that the Veteran's osteoarthritis of the right knee was incurred during service and is granted service connection.

The Board has determined that the Veteran does not have a current diagnosis of any elbow or knee disorder, and thus cannot establish service connection for these conditions.

The Veteran's appeal was dismissed due to the death of the appellant.

The Board has determined that the Veteran's current bilateral knee disabilities are not related to his service or any service-connected conditions, and thus denied his claim for service connection.