Knee decisions — 2012

The Veteran's hepatitis, bilateral hearing loss, and other conditions are all found to be related to his service. The Veteran is granted service connection for these conditions.

The Board has remanded the claims for service connection for right shoulder, left knee, and low back disabilities due to lack of VA examination. The Veteran's claim for a total disability rating based on individual unemployability is also remanded.

The Board has resolved doubt in favor of the Veteran, and service connection for a left knee disability is granted. The claim for right clavicle disability remains pending as further development is required.

The Veteran's hypertension has not been manifested by diastolic pressure predominantly 110 or more or systolic pressure predominantly 200 or more since December 23, 2005.,Type 2 diabetes was not incurred or aggravated during active military service and is not presumed to have been incurred therein. The claim for service connection for type 2 diabetes is denied.,The preponderance of the evidence is against finding that any right knee disability is related to active military service.

The Veteran's appeal is being remanded for further development, including obtaining medical records and a VA examination to assess the length of his convalescence following surgery on October 20, 2009. The issue of an increased rating for his service-connected left knee disability remains in appellate status.

The Board found that the Veteran's claimed disorders, including headaches, cervical spine disorder, lumbar spine disorder, right knee disorder, left knee disorder, right ankle disorder, and left ankle disorder, were not incurred in service. The evidence did not establish continuity of symptomatology after service.

The Veteran's appeal is being remanded due to the need for further development and adjudication, including an earlier effective date determination.

The Veteran's claims for service connection for headaches and bilateral tinnitus were denied. The Veteran was granted service connection for left hip trochanteric bursitis, right hip trochanteric bursitis, left knee patellofemoral syndrome, and right knee patellofemoral syndrome.,Initial disability ratings in excess of 10 percent for the hips and knees were denied.

The Veteran's left knee disability is currently rated at 10 percent disabling, and his left knee instability warrants a separate 20 percent evaluation. The Veteran's PTSD does not meet the criteria for a higher than 70 percent rating.

The Board has granted service connection for cardiovascular disease and denied service connection for right knee disability. The Veteran's cardiovascular disease is related to his military service, while the evidence does not support a finding of service connection for his right knee disability.

The Board has determined that the Veteran's left and right knee disabilities were not incurred or aggravated by active service, nor may they be presumed. The VA examinations provided opinions against the claims.

The Board has ordered a remand to obtain an orthopedic VA examination and to attempt to locate the Veteran's outstanding treatment records. The claim will be reconsidered after these actions.

The Board has remanded the claims for service connection for the cause of the Veteran's death, DEA under the provisions of 38 U.S.C.A. Chapter 35, and service-connected burial benefits due to inadequate medical opinions regarding whether the Veteran's service-connected disabilities caused or contributed substantially to his death.

The Veteran's claims for increased ratings for lumbar spine degenerative disc disease, right knee osteoarthritis, right foot degenerative arthritis, and right hip strain were denied.

The Veteran's left knee disabilities have been evaluated based on their current manifestations and do not warrant an increased rating.

The Board granted a 30 percent rating for left knee instability status post reconstructive surgery and a 10 percent rating for left knee limitation of motion status post reconstructive surgery.

The Board has determined that the Veteran's right knee disorder and acquired psychiatric disorder (other than PTSD) are not service-connected.

The Board has denied the Veteran's claim for an increased rating for his service-connected gunshot wound to the right lower leg and knee, finding that the evidence does not support a higher rating based on current disability level.

The Board has granted service connection for left ear hearing loss, right hip degenerative joint disease (DJD), and right knee degenerative joint disease (DJD).

The Board has granted a 20 percent rating for the service-connected status-post left knee meniscectomy and an initial 10 percent rating for degenerative joint disease of the left knee. The appellant's TDIU claim is addressed in the remand portion.