Knee decisions — 2011

The Veteran's tinnitus and left knee scar are service-connected, but no other disability related to the left knee is found.

The Board has denied the Veteran's claims for service connection for gastroesophageal reflux disease (GERD) and hiatal hernia, as well as bilateral knee arthritis. The Board found that there was no evidence of a current low back disability to support service connection.

The Board has determined that the Veteran's right knee disability is related to his service-connected left knee disorder and affords him the benefit of the doubt, granting service connection for this condition.

The Veteran's claim for an initial disability rating in excess of 10 percent for postoperative residuals of a medial meniscal tear of the right knee is being remanded due to the need for additional examination and development.

The Veteran's claims for service connection were denied. The Board found that new and material evidence had not been submitted to reopen the left knee disability claim, and that there was no evidence of a current low back or hearing loss disability. Tinnitus and PTSD were also denied.

The Veteran's skin rash was not incurred in or aggravated by service.,The Veteran's left knee injury was not incurred in or aggravated by service.

The Veteran's appeal is being remanded for additional development, including a VA examination to determine the current level of severity of his bilateral knee osteoarthritis and whether he suffers from ankylosis. The claim for TDIU will also be considered under 38 C.F.R. § 4.16(b).

The Veteran's right shoulder disability, manifested by labral tear and strain with arthroscopic slap repair, is found to be related to active service. The Board grants service connection for this condition.

The Veteran's claims for increased evaluations of his bilateral knee disabilities were denied. The right knee instability claim was granted with a separate 10 percent evaluation beginning May 12, 2008.

The Board has reopened the Veteran's claims for GERD, respiratory disorder, bilateral knee disorder, and bilateral foot disorder. The new evidence submitted by the Veteran and her spouse supports a current diagnosis of these conditions and their onset in service. However, no definitive clinical diagnoses have been provided post-service.

The Board has granted service connection for a left knee disability, finding that the Veteran's current condition is related to an in-service injury. The claim for hearing loss remains denied as it does not meet the schedular criteria for a compensable evaluation.

The Veteran's right knee disability, characterized by X-ray evidence of degenerative changes and range of motion from zero degrees of extension to at least 100 degrees of flexion without objective evidence of subluxation or instability, does not meet the criteria for an evaluation in excess of 10 percent prior to December 26, 2009.

The Board denied service connection for the Veteran's claimed conditions, finding that they were not incurred in or aggravated by active military service and are not due to his service-connected bilateral pes cavus.

The Veteran's overpayment of VA compensation benefits was not properly created due to administrative error on the part of the RO, and thus the debt is invalid.

The Board denied the Veteran's claims for service connection for hypertension, a lung condition, left knee strain, and right knee strain. The evidence did not support a finding that these conditions were related to his military service or any incident therein.

The Veteran's service-connected disabilities do not meet the criteria for a total disability rating based on individual unemployability due to his employment history and other nonservice-connected conditions.

The Board found no chronic disability of the Veteran's right knee or right shoulder present until more than one year following his discharge from service. The Board also determined that any current disabilities were not etiologically related to his active service and were not proximately due to or the result of a service-connected disability.

The Veteran's claim for an increased evaluation for his service-connected left knee disability is being remanded due to the need for a new VA examination and consideration of all available records.

The Board denied the Veteran's claims of service connection for left knee disorder and facial skin rashes, as well as his claim for a compensable rating for pilonidal cyst. The evidence did not raise a reasonable possibility of substantiating these claims.

The Board has determined that the Veteran's left knee disorder is at least as likely as not caused by his service-connected right knee disability. The Veteran's current right knee disability warrants a rating of 10 percent.