Knee decisions — 2018

The Veteran's nonservice-connected disabilities for pension purposes prior to October 25, 2017 included PTSD with major depression, knee arthralgia, Wolff-Parkinson-White Syndrome, hypertension, inguinal hernia, and gastroesophageal reflux disease (GERD). The Veteran was not found to meet the schedular criteria for a permanent and total disability rating prior to October 25, 2017. As such, he is not entitled to nonservice-connected pension benefits prior to that date.

The Veteran's claims for an infection of the jaw bone, malaria, and a left knee disorder were denied as there is no current evidence of these conditions or their relationship to service.

The Board denied the Veteran's claims for service connection for left knee disability, skin cancer, lung disability, vestibular disorder, groin disorder, and allergies. The evidence did not support a finding of current disabilities or a link to active service.

The Veteran's claim for service connection for bilateral knee disability, neurological disorder of the bilateral upper extremities, and low back disability is denied as there is no evidence to support these claims.

The Veteran meets the criteria for a TDIU rating due to his service-connected back, hip, and knee disabilities that limit his ability to work.

The Board has determined that the Veteran's migraine headaches are secondary to her service-connected PTSD and have granted service connection for this condition.

The Board has determined that the Veteran is entitled to service connection for right and left knee disabilities as secondary to his service-connected bilateral pes planus.

The Veteran's appeal for increased ratings on his right shoulder, low back, and right knee disabilities has been withdrawn. The Board dismissed the claim as it pertains to the right shoulder disability.

The Veteran's death was not caused by any service-connected condition, and he did not meet the criteria for DIC under 38 U.S.C. § 1318 or accrued benefits. The appellant is also ineligible for death pension as of September 1, 2014.

The Board found that the Veteran's left femoral nerve damage was not caused by his March 2011 VA surgery and concluded he is not entitled to compensation under 38 U.S.C. § 1151 for this condition. The TDIU claim was denied as there were no service-connected disabilities meeting the schedular criteria for a TDIU. The SMC claim was also denied due to lack of evidence showing need for aid and attendance or permanent bedridden status.

The Board has determined that the Veteran's left and right knee disabilities, which required total knee replacements, are service-connected as they were incurred during his military service.

The Veteran's appeal for service connection on multiple issues has been granted, including bilateral hearing loss and tinnitus. The Board also found that the Veteran's back disability is related to his in-service examination, and his right and left knee disabilities are secondary to his back disability.

The Veteran's service-connected disabilities, including PTSD and amputation below the knee, are found to be significant enough to prevent him from securing or following a substantially gainful occupation.

The Veteran's knee braces cause irreparable damage to his outer garments, but the Board finds that this does not meet the criteria for an annual clothing allowance due to the equipoise of evidence.

The Veteran's appeal is being remanded for additional development, including obtaining outstanding medical records and scheduling a VA examination to assess the severity of his left knee disability.

The Veteran's service-connected disabilities (low back, knees, hearing loss, and PTSD) preclude him from obtaining or maintaining substantially gainful employment.

The Veteran's right knee disability, including osteoarthritis and residuals of a previous meniscectomy, is currently rated at 10 percent. The Board has granted the requested increased rating for the osteoarthritis but denied the request for a separate rating for the residual condition.

The Veteran's right knee disability, post-total knee replacement surgery, results in painful motion and limited flexion but no evidence of muscle weakness, ankylosis, instability or subluxation. The current rating of 30 percent is appropriate.

The Board has determined that the Veteran does not meet the criteria for service connection for left ear hearing loss, right ear hearing loss, tinnitus, or a shoulder disability.