Knee decisions — 2012

The Veteran's service-connected degenerative arthritis of the left knee was restored to a 20% rating from January 19, 2006 to August 20, 2008. After that period, he is entitled to a 20% disability rating for his right knee and a higher than 20% rating for his left knee.

The Board found that the Veteran's current left ear disability is not service-connected, as there was no evidence of a nexus between his in-service otitis externa and his current symptoms. The claim for an increased rating for status post left knee arthroscopy with arthritis is remanded due to the need for updated VA examination.

The Veteran's right knee, right hip, and muscle headache conditions are being remanded for additional development to determine their relationship to his service-connected lumbar spine disability.

The Veteran's left knee disability is rated at 20 percent effective from November 28, 2008.

The Board has determined that the Veteran's current right knee disability, diagnosed as osteoarthritis, is related to a right knee injury sustained during active duty for annual training with the Army National Guard in June 1978. As such, the claim for service connection for this condition is granted.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his right knee disability and its impact on his ability to work.

The Veteran's service-connected disabilities, including his left knee injuries and depression, do not render him unable to secure or maintain gainful employment.

The Board has determined that a remand is necessary to obtain an adequate VA examination and ensure all due process requirements are met before the claim for service connection for degenerative joint disease of the right knee can be adjudicated.

The Board has remanded the claims for ratings higher than 10 percent for chondromalacia of the knees and for service connection for vertigo, to be further developed by the RO. The remaining claims for service connection for right and left ear hearing loss and tinnitus are being adjudicated.

The Veteran's claims for increased ratings and service connection were denied. The left knee disability was rated at 10 percent, effective May 8, 1998.

The Veteran's ratings for his service-connected right and left knee disabilities have been restored to their previous levels.

The Board denied the Veteran's claims for increased ratings for his service-connected knee disabilities, finding that the evidence did not meet the criteria for a higher rating under applicable diagnostic codes.

The Board denied service connection for right shoulder and right knee disorders, finding no direct service connection but also noting that the arthritis of the right knee is aggravated by his service-connected left knee disability.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his right knee disabilities and their effects on daily activities.

The Veteran's claims for increased ratings and service connection were denied. The Veteran is not entitled to an increased rating for right knee total knee replacement status post medial meniscectomy with residual scars or instability of the right knee, as his symptoms do not meet the criteria for a higher disability rating under applicable VA regulations.

The Veteran's appeal for increased evaluations and service connection issues were denied. The left knee disability was not rated higher than 20 percent, lumbosacral strain did not meet the criteria for a rating in excess of 10 percent, and post-traumatic arthritis of the left ankle with nonunion of avulsion fracture medial malleolus was not rated higher than 30 percent.

The Veteran's right foot disorder is found to be secondary to his service-connected right knee disability. His initial rating for the right knee DJD remains at 10 percent.

The Veteran's major depressive disorder was granted service connection. The Board found that the Veteran had a chronic condition during his period of active service and resolved all doubt in favor of the Veteran.

The Board has determined that the Veteran's appeal requires additional development and a new examination to determine the nature and extent of his right knee disorder, as well as a new examination to assess the current severity of his service-connected TMJ. The case is therefore REMANDED for these actions.

The Veteran's service connection claims for a hernia, bilateral knee disability, and heart murmur have been denied. The claim for symptoms of dizziness secondary to tinnitus is pending. A compensable evaluation for bilateral hearing loss has also been denied.