Knee Board decisions

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.

The Veteran's claims for tinnitus and TDIU were remanded due to incomplete development. The appeal is considered 'mixed' as some issues may be granted while others are denied.

The Veteran's appeal is being remanded to the RO for scheduling a hearing. The primary issue on appeal is whether he should receive an evaluation higher than 10 percent for his right knee disorder.

The Board has determined that the Veteran's current back and knee disabilities are not related to his military service, nor can they be attributed to a service-connected disability. The evidence does not support finding that these conditions were incurred or aggravated during active duty.

The Board has granted a 60% evaluation for the Veteran's left knee disability, which was rated as 30% prior to total arthroplasty. The Board also granted entitlement to TDIU based on the Veteran's service-connected disabilities.

The Veteran's claim for a TDIU rating, for purposes of accrued benefits, was denied as the evidence did not show he was unemployable due to his service-connected disabilities.

The Board found no evidence of a current right knee disability or hypertension related to service, and thus denied both claims.

The Veteran's service-connected right knee instability and arthritis do not prevent her from securing and following all forms of substantially gainful employment that are consistent with her education and occupational experience.

The Board has determined that the Veteran's right knee disability did not originate in service or until more than one year thereafter, and it is not related to such service. Therefore, the claim for service connection for a right knee disability is denied.