Knee Board decisions

The Board has determined that the Veteran's claims for stomach and right knee disorders must be remanded for additional substantive development in compliance with applicable law relative to VA's duties to assist.

The Board has determined that the Veteran's postoperative residuals of left knee arthrotomy warrant a rating in excess of 20 percent, but due to procedural errors in reducing his rating from 20 percent to 10 percent, the reduction is void ab initio. The effective date for restoration of a 20 percent rating remains October 1, 2002.

The Veteran's service-connected dysthymic disorder and status-post left knee replacement did not cause his death, but the Board finds that he died as a result of a service-connected disability.

The Board found no evidence of a current lumbar spine condition or knee disabilities, and thus denied the Veteran's claims for service connection.

The Board has reopened the Veteran's claim of entitlement to service connection for a right knee condition and found that new and material evidence had been received. The Board also determined that the Veteran's preexisting right knee condition was aggravated during his active duty, and thus service connection is granted. For hypertension, the Board found no in-service event or disease, and concluded that it did not manifest within one year of separation from service, nor is there any link to service-connected diabetes mellitus.

The Board has remanded the case due to incomplete records and a need for further examination. The Veteran's claim will be reconsidered after these steps are completed.

The Board found that the evidence received since the October 1995 decision did not raise a reasonable possibility of substantiating the claim for service connection for left knee impairment, and denied reopening the claim. The Veteran's left femur impairment was also denied an increased rating as it did not meet the criteria for a compensable evaluation.

The Veteran's cause of death, congestive heart failure, is found to be related to his service-connected arthritis. The appellant does not meet the criteria for aid and attendance or housebound status.

The Veteran's claim for special monthly pension based on the need for aid and attendance has been denied as he does not meet the criteria of needing regular aid and attendance due to his medical conditions.

The Board has remanded the case due to insufficient medical evidence to decide the claim, and a VA medical examination is needed to determine if the Veteran's post-service knee disabilities are related to service.

The Board found no current left knee disability and denied the Veteran's claim for service connection.

The Board has determined that the Veteran's right and left knee disabilities did not exist prior to service, were not aggravated by service, and do not have a direct relationship with his military service. As such, the claims for service connection are denied.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining records from the Social Security Administration.

The Veteran's claim for an earlier effective date prior to July 23, 2003 for the grant of a 20 percent rating for service-connected right knee disability is denied as there was no evidence of increased disability before that date.

The Board has determined that the Veteran's current right knee disability is at least as likely as not related to his service, specifically the recurrent swelling of the medial aspect of his right knee during service. Therefore, service connection for a right knee disability is granted.

The Veteran's left knee disorder is rated at 20 percent, and his depressive disorder is rated at 50 percent. The combined rating of both conditions meets the schedular requirements for a TDIU.

The VA Board has determined that the Veteran's current left knee disorder is not related to his active military service and denied his claim for service connection.

The Board has determined that the Veteran's claim for service connection for residuals of right knee injury cannot be reopened due to lack of new and material evidence. The claim for an increased rating in excess of 10 percent for residuals of left knee injury is also denied.

The Board has remanded the case for additional development, including verification of service stressors and VA examinations to determine the nature and etiology of any current left knee disability and disabilities of the feet manifested by blisters.

The Board found that the Veteran's substantive appeal was not timely filed, and thus denied his claims for service connection for squamous cell carcinoma, basal cell carcinoma, Bell's Palsy, right knee disability, hypertension, left eye disability, diabetes, and sleep apnea.