Knee decisions — 2018

The Board has determined that the appellant's service-connected disabilities render him disabled to the extent that he requires the regular aid and assistance of another person, warranting special monthly compensation based on the need for aid and attendance.

The Veteran's claim for an increased rating for polyarthralgia of the lower back, hips, knees, and shoulders has been denied as his disability does not meet the criteria for a higher rating. The TDIU claim has also been denied due to lack of evidence showing that he is unable to secure or follow substantially gainful employment.

The Board found that the Veteran's left knee infection following surgery was not caused by VA negligence or carelessness, and it was a foreseeable event. The claims for service connection for arthritis of multiple joints, left leg disorder, acquired psychiatric disorder (depression), and sleep disorder were denied as there is no evidence linking these conditions to service.

The Veteran's appeal is being remanded for additional development, including obtaining the complete December 2010 EMG test report and scheduling a VA examination to address the inadequacies of previous examinations.

The Board has determined that there is no evidence of a separately diagnosed claustrophobia disability and thus denied the Veteran's claim for service connection for this condition. The remaining claims have been remanded for additional development.

The Board found that the Veteran's right knee disability is not service-connected due to lack of evidence showing a nexus between his current condition and active military service.,VA compensation under 38 U.S.C. § 1151 was denied as there was no evidence supporting that VA care caused or aggravated the Veteran's right knee disability.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of her service-connected left knee disability. The issues are whether she should receive increased ratings for postoperative left knee injury with instability and osteoarthritis.

The Veteran's right knee disability, including his traumatic arthritis prior to June 18, 2014, is currently rated at 30 percent. The Board has determined that a higher rating is not warranted for the period prior to June 18, 2014 due to lack of additional disability.

The Veteran's service-connected disabilities prevent him from securing or following a substantially gainful occupation, and the Board has granted a TDIU based on this finding.

The Board has denied the Veteran's claims for service connection for various conditions, including diabetes mellitus, type II; peripheral neuropathy of the bilateral upper extremities; coronary artery disease (CAD); vitiligo; thoracolumbar spine condition; right knee condition; left knee condition; right hip condition; and bilateral hand condition. The Board found no evidence to support a direct service connection for these conditions.

The Veteran's PTSD symptoms have resulted in occupational and social impairment, warranting a 70 percent disability rating. The Veteran is also granted TDIU based on his service-connected disabilities.

The Board has denied the Veteran's claims for service connection for eye disability, sleep apnea, and bilateral knee disability. The evidence does not establish a direct link between these conditions and service.

The Board finds that the Veteran's service-connected right knee disability caused or aggravated her current left knee disability, and grants service connection for a left knee disability as due to a service-connected right knee disability.

The Veteran's claim for an effective date earlier than May 28, 2010 for the grant of service connection for a right knee disability was granted.,However, his claim for an effective date earlier than January 11, 2010 for the grant of service connection for a left knee disability was denied.

The Veteran withdrew his appeal for the issue of entitlement to service connection for left and middle chest pain during a hearing before the Board. The remaining issues are related to evaluations for lumbosacral strain, degenerative arthritis, intervertebral disc syndrome (IVDS), right knee sprain, and left knee sprain.

The Board has determined that additional development is necessary before the Veteran's claims for service connection can be decided.

The Veteran's appeal is being remanded for additional development, including a VA examination to determine if current diagnoses can be provided for the claimed low back, right and left knee, and right and left ankle conditions, and if so, whether they are related to service.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and Social Security Administration (SSA) records. The case will also be reviewed to determine if a TDIU should be granted.

The Board has determined that the Veteran's left leg above-the-knee amputation was not caused by a delay in VA treatment, and therefore compensation under 38 U.S.C. § 1151 is denied.

The Veteran's claims for service connection for a bilateral hip injury, bilateral knee injury, bilateral shoulder injury, groin injury, and PTSD were denied as there is no evidence of in-service injury or chronic disability that may be related to service.