Knee decisions — 2012

The Board found that the Veteran's current diagnoses of bilateral hearing loss, right knee disorder, and hernia are related to his military service. The Board also noted that he had significant noise exposure during his military career.

The Board found that the Veteran's current left knee disability is less likely than not related to his treatment in service, and thus denied his claim for service connection.

The Board has granted service connection for a low back disorder and a left knee disorder. The claim for hypertension is remanded due to the need for further examination.

The Board denied service connection for the claimed conditions and found that there were no past-due benefits to award attorney fees from, as the Veteran did not receive any VA compensation due to her receipt of retired military pay.

The Board has determined that the Veteran's degenerative joint disease of the bilateral knees is related to his military service, and grants service connection for this condition.

The Veteran's right knee disability, including arthritis and meniscectomy residuals, has been rated at the highest possible level. The Board denied a higher rating for both conditions.

The Veteran's appeal for service connection for a left knee disorder other than residuals of a left lateral meniscectomy, to include as secondary to residuals of a left lateral meniscectomy, was denied. The Veteran's appeals for increased ratings for residuals of a left knee lateral meniscectomy and lateral instability of the left knee were dismissed due to lack of jurisdiction.

The Board has ordered the RO to obtain and associate with the claims file additional VA treatment records, including a February 2009 consultation record and a June 2011 medical consultation. The case will be remanded for further development.

The Veteran's right knee chondromalacia is service-connected.,Right knee disability other than chondromalacia, left knee disability, and lumbar spine disability are not service-connected.

The Board has determined that a remand is necessary to obtain additional medical opinions and examinations for the Veteran's knee disabilities, as well as to obtain updated treatment records. The issues of service connection for left knee patellofemoral syndrome and an increased rating for right knee osteoarthritis are being returned to the RO for further action.

The Board found that the Veteran's bilateral knee disorder was not incurred in or aggravated by active service and denied his claim for service connection. His migraine headaches were evaluated as noncompensable.

The Board has determined that the Veteran's right knee disorder is not related to service and is not secondary to a service-connected left knee disability.

The Board has ordered a remand for the Veteran to be provided with an adequate VA examination to determine the nature and etiology of any bilateral knee disability, including arthritis. The examiner must provide opinions on whether any current right or left knee disability is related to service, including combat service, and if it was caused or aggravated by a service-connected condition.

The Veteran's right knee disability was not found to warrant a higher initial rating from December 2, 2003, until April 22, 2008. From April 23, 2008, the disability did not meet criteria for an increased evaluation.

The Veteran's claim for a higher rating for his right total knee replacement was granted, and he is now rated at the maximum schedular disability evaluation. For his left knee fracture with degenerative changes, he received an increased rating to 10 percent effective June 10, 2010.

The Board has determined that a remand is necessary to obtain an opinion regarding the etiology of the Veteran's bilateral knee disability and whether it is related to service-connected pes planus.

The Board has determined that the Veteran's right and left knee degenerative joint diseases are not service-connected, as they were not present during or within one year after his active service. The Board also found no evidence of a direct connection to service-connected lumbar spine degenerative disc disease.

The Veteran's left knee disorder was not shown to be related to service, and the Board found that there is no evidence of a chronic condition in service or continuity of symptoms since service.

The Veteran's right knee disability was rated as 20 percent disabling prior to July 6, 2010 and from September 1, 2010.,A separate rating of 10 percent for instability of the right knee prior to July 6, 2010 has been granted. However, a higher rating is not warranted from July 6, 2010.