Knee Board decisions

The Veteran's initial disability ratings for degenerative disc disease and degenerative joint disease of the lumbosacral spine, left sciatic nerve deficits associated with the lumbosacral spine, right sciatic nerve deficits associated with the lumbosacral spine, status-post anterior cruciate ligament reconstruction of the left knee, and a left knee scar have been granted. The Veteran's initial disability rating for degenerative disc disease and degenerative joint disease of the lumbosacral spine is 40 percent.

The Veteran's service-connected disabilities, including PTSD, prostate cancer residuals, tinnitus, right knee strain, and hearing loss, render him unable to secure or follow a substantially gainful occupation.

The Board has remanded the Veteran's claims for additional development due to incomplete examination reports and the need to obtain private treatment records.

The Veteran's degenerative arthritis of the thoracolumbar spine was not found to warrant an evaluation in excess of 10 percent prior to February 5, 2009.,From February 5, 2009, the Veteran's degenerative arthritis of the thoracolumbar spine did not meet the criteria for a higher evaluation.

The Board denied the Veteran's claims for increased ratings and service connection, finding that her chondromalacia of the left knee warranted a 10 percent rating but not higher. The instability of the left knee was separately rated at 10 percent. Service connection for a right knee disability was also denied as it was not proximately due to or aggravated by the service-connected left knee disability.

The Veteran's claims for increased evaluations and service connection are being remanded due to inadequate examinations in the June 2008 VA joints examination.,The Veteran's claim of a temporary total disability rating is also being remanded.

The Board finds that the Veteran's current bilateral knee disability is not related to his active duty service, and thus denies his claim for service connection.

The Veteran's lumbar spine disability was granted a 40 percent rating effective December 17, 2010. His right knee disability remains at a 10 percent rating.

The Veteran seeks service connection for headaches, low back disorder, and right knee disorder. The Board finds that the evidence does not support a finding of in-service incurrence or aggravation of these conditions.,For headaches, the Veteran has provided credible testimony about onset during active duty and ongoing symptoms since separation from service.

The Veteran's service-connected disabilities meet the percentage requirements for a TDIU, and the competent opinion evidence on whether his service-connected disabilities prevent him from obtaining and retaining substantially gainful employment is in relative equipoise. Therefore, the claim for a TDIU is granted.

The Veteran's appeal is remanded for further development to determine the impact of all service-connected disabilities on his employability, including education and occupational experience.

The claims of service connection for bilateral hearing loss disability, bilateral knee disability, and low back disability are being remanded due to inadequate examination findings. The claim of secondary service connection for these disabilities is also being remanded.

The Veteran requested to withdraw his appeal for an initial rating in excess of 10 percent for his service-connected left knee disorder prior to May 31, 2012.

The Board has remanded the case for additional development, including obtaining VA treatment records from Central Alabama Medical Center and reviewing all VA records reviewed in connection with these claims.

The Veteran's chronic headache disorder is found to be related to a head trauma he experienced in service, and the Board grants service connection for this condition.

The Board is considering multiple issues including service connection claims and increased rating claims. The decision on the respiratory disorder claim has reopened, but not granted. Service connection for low back and bilateral knee disorders remains denied.

The Board has remanded the case for further development due to incomplete records and need for additional medical opinions.

The Veteran's cause of death, septic shock due to intra-abdominal infection, was not caused or contributed substantially or materially by his service-connected disabilities.

The Veteran's appeal is remanded to the RO for further action, including scheduling a personal hearing at the Louisville, Kentucky, RO.

The Board has ordered additional development for the appellant's claims, including obtaining his service medical records and arranging for examinations to determine the nature and etiology of his claimed disabilities. The case will be returned to the RO/AMC for further consideration.