Knee decisions — 2012

The Veteran's appeal is remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for appropriate VA examinations to assess his bilateral knee and low back disabilities.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board finds that his claim for TDIU is warranted on a schedular basis.

The Board has determined that there is a preliminary question raised as to whether timely Notice of Disagreement (NOD) was received on the issues of service connection for right ankle strain, left knee strain, and denial of service connection for a right knee condition. The case must be remanded to the RO for further inquiry into this subject.

The Veteran's appeal includes a claim for an earlier effective date for the award of a 10 percent rating for left thigh skin graft scar and a claim for higher initial ratings for his left knee degenerative arthritis. The Board found that both issues were factually ascertainable more than one year prior to the claims, but granted only the earlier effective date claim.

The Board granted service connection for a left knee disability, effective August 5, 2003, the date of the Veteran's application to reopen his claim. The effective date was not earlier than this due to the procedural history and VA regulations.

The Veteran's sleep apnea, bilateral hearing loss with tinnitus, and hemorrhoids are presumed to have been incurred in service. The low back disorder is not related to service, but the knee disorders are considered presumptively due to exposure to burn pits. No effective date was assigned as all conditions were granted.

The Board denied the Veteran's claims for increased ratings for his service-connected bilateral pes planus, right hallux valgus, left hallux valgus, and bilateral shoulder osteoarthropathy, bilateral knee osteoarthropathy with chondromalacia, and bilateral ankle osteoarthropathy. The appeals were based on the Veteran's complaints of pain and tingling in his feet and joints.

The Board has granted service connection for right and left knee arthritis, finding that the current disabilities are related to in-service injuries.

The Board found no evidence of any current right or left hip disorders and concluded that the pre-existing right knee disorder did not worsen during service. The claim for service connection was denied.

The Veteran is seeking service connection for a right knee disability. The appeal is being remanded due to the need to obtain VA treatment records from 1996 to 2004 and from 2009 to present.

The Veteran's claim for service connection for a left knee disability was denied due to lack of evidence showing an in-service injury or disease. The claim for increased evaluation for bilateral hearing loss remains denied as the evidence does not show that the current level of disability warrants a compensable rating.

The Board has denied the Veteran's claims of service connection for bilateral sprained ankles, left knee disability, low back disability, and left elbow disability due to lack of new and material evidence.

The Veteran's claims for increased ratings and service connection were generally granted, with the exception of his request to reopen a claim for service connection for a right foot disability. The rating for residuals of fracture, dislocation of right ankle with traumatic arthritis was increased from 10% to 20% effective June 3, 2010.

The Board has determined that additional development of the record is needed to determine if the Veteran's service-connected disabilities preclude him from securing and following substantially gainful employment.

The Veteran was granted a combined disability rating of 70 percent for service-connected disabilities effective August 25, 2005. The Board found that the Veteran met the criteria for TDIU as of this date and confirmed the effective date of January 17, 2006.

The Veteran's appeal is being remanded to obtain additional National Guard, VA, and private treatment records for his service-connected disabilities.

The Veteran's knee disabilities were not incurred in or aggravated by service, but a new rating of 30 percent for tinea versicolor is granted based on the submission of new evidence.,Service connection was denied for bilateral knee and leg disabilities due to lack of competent medical evidence linking these conditions to service.

The Veteran's appeals for service connection for a lumbar spine disability and bilateral knee disabilities have been dismissed as the Veteran has withdrawn his appeal.

The Board has determined that the Veteran does not have a chronic right hip or right knee disability for which service connection can be granted. The evidence shows no in-service injury to either joint, and no current diagnosis of a chronic condition.

The Board has determined that further medical examination and opinion are needed to determine the nature, etiology, and current severity of the Veteran's hepatitis C, bilateral knee disabilities, right foot disability, left foot disability, and skin condition. The case is therefore being REMANDED for these purposes.