Knee decisions — 2011

The Veteran's appeals regarding increased ratings for his bilateral knee disabilities are being remanded due to the need for a Travel Board hearing.

The Board found that the Veteran's right ear hearing loss and residuals of stab wound, left knee, were not incurred in or aggravated by service. The Veteran did not meet the criteria for an initial compensable evaluation for his left ear hearing loss and gunshot wound to the left foot with a scar of the second toe and fracture of the third toe.

The Board denied the Veteran's claim of reopening his previously denied bilateral knee disability, finding that new and material evidence was not submitted. The Board also determined that service connection could not be established as the Veteran's current condition is more likely due to natural progression rather than in-service injury.

The reduction in the Veteran's disability rating for his left knee disability from 20 percent to 10 percent, effective November 30, 2006, was proper based on evidence showing improvement in his condition.

The Board has remanded the case for further procedural action, including obtaining service personnel records and SSA disability benefit records. The issues of entitlement to service connection for psychiatric disorder, right knee disorder, sinusitis, and back disorder are on appeal.

The Board has remanded the case for additional development, including obtaining service treatment records and scheduling VA examinations to assess the Veteran's hearing loss and right knee disability.

The Board has remanded the case for additional development, including obtaining service records and medical records. The Veteran's claims for psychiatric, skin, hearing loss, low back, hip, and knee disorders are also being reviewed.

The Board has remanded the appellant's right knee service connection claim for further review, including a VA examination to determine if his current right knee disability is related to service or aggravated by pre-existing conditions. The appeal will be returned to the RO for further action.

The Board has reopened the Veteran's claim for service connection for a left knee disorder, to include as secondary to his service-connected right knee disorder. However, the evidence does not support a finding that the left knee disorder was incurred in or aggravated by service or is proximately due to or the result of his service-connected right knee disorder.

The Board found that the appellant's bilateral knee arthritis did not meet the criteria for service connection as it was not incurred or aggravated during his National Guard service, and thus he is not considered a Veteran for purposes of this claim.

The Veteran's left knee and left ankle disorders are found to be due to service, thus service connection is granted.

The Veteran's appeal for service connection for weakness and dizziness has been withdrawn. The claim of service connection for gastrointestinal disorder is pending, but there is no current diagnosis of a gastrointestinal disability in the record. Service connection for acquired psychiatric disorder (to include PTSD) remains pending. Tinnitus was not diagnosed in the record. The issue of an initial evaluation in excess of 10 percent for right knee disability is also pending.

The Veteran's right knee disability, including the total knee replacement and associated scar, is currently rated at 60 percent. The Board finds that a higher rating is not warranted as his symptoms do not meet or approximate the criteria for a higher evaluation.

The Board has remanded the case due to the need for a VA examination and additional development of the record.

The Veteran's right ear hearing loss, right knee disorder, and sleep disorder (narcolepsy) are not service-connected due to lack of evidence showing a current disability.

The Board has determined that additional VA examinations are necessary to properly assess the severity of the Veteran's service-connected disabilities and to determine appropriate disability ratings.

The Veteran's claims for compensation under 38 C.F.R. § 1151 are being remanded due to the need for additional medical examination and opinion regarding his claimed disabilities, including atrial fibrillation, loss of muscle use in the abdomen, tissue damage in the right hip, nerve damage in the right groin to the right knee, and sore testes and penile deformity with erectile dysfunction.

The Veteran's claims for increased ratings for his right and left knee disabilities, as well as his ulnar neuropathy disabilities and thyroid disability have been denied. The RO has assigned noncompensable or initial compensable ratings based on the criteria provided.

The Veteran's claim for TDIU is being remanded due to the need for clarification regarding his ability to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Board has determined that the Veteran's claims for reopening his service connection claims for bilateral knee disability and back disability have been denied as there is no new and material evidence to support these claims.