Knee decisions — 2012

The Veteran does not have hearing loss that is the result of disease or injury incurred in or aggravated during active military service. The issue of right knee disability remains pending as there is insufficient evidence to determine if it was caused by or aggravated by a service-connected condition.

The Veteran's claim for a higher rating for osteomalacia of the left knee is being remanded due to the need for additional examination and evaluation.

The Veteran's knee disabilities and hypogonadism are being remanded for further development, including obtaining medical opinions regarding the etiology of these conditions.

The Veteran's service-connected right and left knee disabilities are rated at 10 percent each, resulting in a combined rating of 70 percent. The Board finds that the Veteran is unemployable due to his service-connected disabilities.

The Board is remanding the claims for service connection for low back and bilateral knee disorders due to inadequate rationale provided in VA examinations, requiring further development including additional medical opinions.

The Board denied the Veteran's claim of entitlement to service connection for a left knee disability, finding that his currently diagnosed left knee arthritis did not meet the criteria for service connection as it was not incurred or aggravated by active duty service.

The Board found that the Veteran's left leg hypersensitivity and left foot drop are not related to his in-service ACL repair surgery, and thus denied service connection for these conditions.

The Board denied service connection for right and left knee disabilities, concluding that the current conditions are more likely related to post-service injuries rather than military service.

The Veteran's claims for service connection for bilateral hand, right arm, bilateral shoulder, and right knee disabilities were denied as secondary to his service-connected degenerative joint disease of the cervical spine. The Board found no current disability in any of these conditions.

The Board found that there was no actual improvement in the Veteran's right knee disability over the 8-month period between the February 2009 and October 2009 examinations. Therefore, the reduction from 30 percent to 10 percent for his service-connected right knee disability is denied.

The Veteran's left knee disability was rated at 10 percent prior to February 1, 2011. The Board found that the evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Veteran's erectile dysfunction is found to be at least in part due to his service-connected diabetes mellitus. The left knee disability, however, is not shown to be related to service or a service-connected condition.

The Veteran's claims of service connection for PTSD, back disability, and left knee disability were denied as new and material evidence was not received to reopen these previously denied claims.

The Board finds that the Veteran's bilateral hearing loss was incurred in service due to noise exposure. The Veteran's status post residuals of left knee menisectomy are not etiologically related to active service.

The Board has determined that the Veteran's left knee disorder clearly and unmistakably pre-existed service, and was not aggravated by any incident of his active service. The right knee disorder is not proximately due to or the result of a service-connected disability.

The Veteran's psychiatric disorder is found to be related to his service-connected right and left knee disabilities. The appeal for the lumbar spine disorder secondary claim is remanded.

The Board has determined that further development is required before the claims for service connection can be adjudicated. The case is being remanded to the RO/AMC for additional development.

The Veteran's claims for service connection were denied, and the Board found that new and material evidence was not received to reopen his claim of bilateral hearing loss. The claims for tinnitus and left knee disorder are granted as secondary to a service-connected right ankle disorder. The effective date for service connection is set at February 18, 2004.

The Veteran's appeal is remanded due to the need for a more thorough VA examination of his left knee disability, including range of motion studies and assessment of pain, instability, and other functional limitations.

The Veteran's initial ratings for his service-connected low back disability and left knee degenerative joint disease have been granted, with the effective date being prior to May 5, 2010. The Veteran is also entitled to a separate compensable rating for neurological manifestations of his low back disability.