Knee Board decisions

The Veteran's claims for increased ratings for his right and left knee disabilities, as well as bilateral foot calluses, are being remanded due to the addition of new evidence and the need for further examinations.

The Board has determined that the Veteran's current left knee disability was not related to his military service and is not caused or aggravated by any of his service-connected disabilities.

The Veteran's right knee disability, including the meniscal tear and strain with DJD, was rated at 20 percent from June 6, 2016 to December 4, 2016.

The Veteran has been granted service connection for degenerative joint disease of the thoracolumbar spine, but his cervical spine disability and arthritis have not met the criteria for service connection.,Service connection was denied as there is no evidence of a chronic condition in service or within one year after separation from service.

The Board has decided that further development is needed, including obtaining VA treatment records and scheduling a new examination. The Veteran's claim for service connection for his left knee disability will be remanded to the AOJ.

The Veteran's service connection claims for residuals of seminoma, anxiety disorder, bilateral knee disabilities, bilateral shoulder disabilities, and low back disability have all been denied. The evidence does not support a finding that these conditions are related to the Veteran's active military service or herbicide agent exposure.

The Veteran's right shoulder disability is rated at 20 percent, and his other service-connected conditions do not meet the criteria for a TDIU. The Board finds that he does not have sufficient combined ratings to qualify for a TDIU based on his service-connected disabilities.

The Veteran's left knee disability, including laxity and osteoarthritis with a torn ACL, has not met the criteria for an increased rating in excess of 10 percent. The issues regarding limitation of extension have also been denied.

The Veteran's claim for compensation under 38 U.S.C. § 1151 is being remanded due to the need for an addendum opinion regarding whether he sustained additional disabilities as a result of his November 2011 right knee replacement surgery, and if so, whether these were caused by carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA.

The Veteran's left and right knee disabilities are currently rated as 10 percent disabling under DCs 5260 and 5261, respectively. The Board finds that the evidence does not support a higher rating for either disability.

The Board has granted service connection for residuals of a head injury, including headaches and as secondary to service-connected scalp scars. The other issues on appeal are pending.

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.