Knee decisions — 2012

The Veteran's low back disorder was evaluated as 20 percent disabling prior to December 8, 2009. The current evidence does not show the required manifestations for a higher rating.

The Board has reopened the Veteran's previously denied claims of entitlement to service connection for a right and left hip disability, a back disability, and an increased rating for his left knee strain. However, further development is required before these claims can be adjudicated.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for a right knee disorder, but there is no current diagnosis of a left knee disorder. The Veteran's period of active service did not show any complaints or diagnoses related to either knee disorder.

The Board denied the Veteran's claims for service connection for right knee disability, right ear hearing loss disability, and tinnitus. The claim for a higher rating for lumbosacral strain was also denied. Additionally, the effective date of the total disability rating based on individual unemployability was not granted.

The Veteran's right ankle disability is service-connected as secondary to his service-connected left knee and left ankle disabilities. His increased ratings for the left knee and left ankle are granted, with a TDIU claim also being granted.

The Board has remanded the case for further development, including scheduling a VA examination and obtaining additional medical records. The Veteran's claim will be reconsidered based on the new evidence.

The Veteran's service-connected left knee disability and scar are currently rated at 10 percent, with no further increase granted.

The Veteran's claims for increased evaluations of his left knee disabilities are being remanded due to the need for additional VA examinations and consideration of new evidence.

The Board has reopened the Veteran's previously denied claim of service connection for a bilateral knee disability, but finds that there is no evidence to support her contention that she incurred this condition during active service.,The Veteran's claims for right ankle and bilateral shoulder disabilities are also denied as there is insufficient evidence linking these conditions to active service.

The Board denied the Veteran's claims for service connection for bilateral knee, calf and shin pain and for an initial evaluation in excess of 20 percent for chronic lumbar strain.

The Board denied the Veteran's claims for service connection for various conditions, finding that none were incurred or aggravated by his active military service and no presumption of exposure to herbicides applied.

The Board has reopened the Veteran's claim of entitlement to service connection for a right knee disability due to new and material evidence submitted since the last denial. The Veteran's current right knee disability is found to be related to his in-service injury.

The Board has determined that the Veteran is entitled to service connection for migraines and a psychiatric disorder, but not for status post keratolysis of the palms or left knee medial meniscal tear with cyst formation.

The Veteran's claim for an effective date prior to October 8, 2008 for a 10 percent rating for service-connected degenerative joint disease of the left knee is denied as there was no evidence showing that his disability warranted such a rating prior to that date.

The Veteran's appeal has been dismissed due to his death during the pendency of the appeal.

The Veteran's claims for increased evaluations for his left and right knee disabilities are being remanded due to the need for additional development, including obtaining VA medical records and arranging for a VA examination.

The Board has remanded the case for scheduling a hearing before a Veterans Law Judge at the RO due to the Veteran's request. The claims for reopening service connection for low back and right knee disabilities remain pending.

The Veteran's service-connected right knee, bilateral hip disabilities do not render him unemployable as his current sedentary employment does not appear to be impacted by these conditions.

The Board has ordered additional development to verify the appellant's periods of ROTC, ACDUTRA and/or INACDUTRA service. The claims will be remanded for further review after the requested development is completed.

The Board has resolved doubt in favor of the Veteran and granted service connection for a right knee condition, finding that there is at least an approximate balance of positive and negative evidence regarding whether the Veteran's current right knee disability is related to his active service.