Knee Board decisions

The Board has determined that the Veteran's current left knee disability, manifested by arthralgia and limitation of motion, is causally related to his active service.

The Veteran was granted a TDIU effective July 20, 2002.,Basic eligibility for DEA benefits under Chapter 35 was also granted effective July 20, 2002. The right knee disorder was assigned a 10 percent evaluation as of the same date.,The Veteran's right knee disorder was rated at 10 percent effective July 20, 2002.

The VA determined that the Veteran's current left knee, right knee, and low back disabilities were not incurred or aggravated by active military service.

The Board has determined that the Veteran's service-connected spinal disability does not result in any of the claimed conditions, and thus these claims are denied.

The Veteran's claims for service connection are being remanded due to the need for further development, including medical opinions regarding whether his current leg ulcers and amputation were aggravated by military service.

The Veteran's service-connected disabilities do not meet the criteria for SMC benefits based on need for regular aid and attendance or at the housebound rate.

The Veteran's appeal is being remanded due to his failure to attend a scheduled Travel Board hearing. He will be given another opportunity for such a hearing.

The Board has determined that the VA procedure to remove a cyst from the left ovary in April 2005 proximately caused the Veteran's subsequent left below the knee amputation, and this event was not reasonably foreseeable. Therefore, the criteria for VA compensation under 38 U.S.C.A. § 1151 are met.

The Veteran's claims for service connection for his left ankle disorder and initial compensable ratings for his right ankle and right knee disabilities are being remanded. The Board has determined that he is entitled to higher ratings for his right ankle and right knee disabilities, with a 30 percent rating for limitation of extension since April 7, 2008, and a separate 20 percent rating for moderate instability since the same date.

The Board has determined that the Veteran's service-connected disabilities do not preclude him from securing or following substantially gainful employment, and thus does not meet the criteria for a total disability rating based on individual unemployability.

The Board has determined that the Veteran's lumbar spine disorder did not onset in service and is not causally related to service. The right knee disorder issue remains pending as it was not addressed in this decision.

The Board found that the Veteran's right and left knee disabilities were each manifested by normal extension and flexion of 110 degrees or better prior to onset of pain, with subjective pain due to degenerative joint disease but no instability. As a result, the criteria for higher ratings under the applicable rating schedule were not met.

The Board found that the Veteran's current low back, right knee, and left knee disorders are not related to his active service. The VA examinations and medical opinions concluded that these conditions were less likely than not caused by or incurred during his military service.

The Board has determined that the Veteran's claimed conditions, including cardiac disease and cervical spine disorders, are not service-connected as they were first shown decades after military service and are unrelated to any incident during active service. The claims for secondary service connection have also been denied.

The Board has reopened the Veteran's claims for service connection for bronchitis, multiple calcified pleural plaques in both lungs (claimed as asbestosis), idiopathic dilated cardiomyopathy with pacemaker installation, and bilateral knee disability. The evidence received since the September 2007 RO decision is new and material, raising a reasonable possibility of substantiating the underlying claim for service connection.

The Board denied the Veteran's claims of service connection for arthritis of both knees, bronchial asthma, and urinary tract infection. The claim for an increased evaluation in excess of 60 percent for ischemic heart disease was also denied.

The Board found that the Veteran's right leg disability, including his right knee condition, did not have onset during service and was not caused by or aggravated by a service-connected disability.

The Veteran's claim for a rating in excess of 10 percent for his left knee disorder is being remanded due to the Veteran's failure to appear at a scheduled hearing. The case will be returned to the Board after scheduling an appropriate Travel Board hearing.

The Veteran's claim for an increased rating for his left knee disability is being remanded due to the need for further development, including a new VA examination.

The Board denied the Veteran's claims for increased disability ratings for his service-connected right and left knee disabilities, finding that the evidence did not show subluxation, lateral instability, ankylosis, nonunion or malunion of the tibia and fibia, or genu recurvatum in either knee.