Knee decisions — 2012

The Board has determined that the Veteran's current left knee disorder is secondary to his service-connected right knee disability and grants entitlement to service connection for this condition.

The Board denied the Veteran's claims of service connection for depressive disorder, left knee disorder, and urinary incontinence as secondary to his service-connected herniated nucleus pulposus at L4-5 with bilateral radiculopathies.

The Veteran's right shoulder impingement syndrome resulted in limited abduction, with a maximum of 70 degrees from the side beginning September 8, 2006. The Veteran's right knee and left knee injuries were characterized by limited flexion.,The Veteran's right shoulder disability did not warrant a higher rating prior to September 8, 2006, or after that date. Her right knee and left knee disabilities each warranted a noncompensable rating prior to September 8, 2006, but were rated as 10 percent disabling beginning September 8, 2006.

The Veteran's claim is being remanded due to the need for a VA examination to address his right knee symptoms of occasional give way and infrequent locking, as well as whether he should be entitled to separate ratings based on these symptoms.

The Board found no evidence that the Veteran's left or right knee conditions were aggravated by service, and thus denied both claims for service connection.

The Board has restored the Veteran's 20% rating for his service-connected right knee disability, effective from June 1, 2006. The reduction was improper due to procedural deficiencies in following the applicable regulations.

The Veteran's right knee degenerative joint disease is currently rated at 20 percent, which is the highest schedular rating available. The claim for a higher rating remains denied.

The Veteran's initial compensable disability evaluations for right hip and right knee degenerative joint diseases have been granted, with a current rating of 10 percent.

The Veteran's rheumatoid arthritis and osteoarthritis of the knees are found to have been incurred during his service.,Lightheadedness and dizziness, presumed to be related to his Persian Gulf War service, are also found to have been incurred during his service.

The Veteran's service-connected disabilities, including coronary artery disease, hypertension, PTSD, diabetes mellitus, and multiple knee conditions, have rendered him unable to secure or follow a substantially gainful occupation.

The Board denied service connection for low back and bilateral knee disabilities, as well as a rating in excess of 10 percent for hiatal hernia. The Veteran's complaints were noted during service but no chronic conditions were diagnosed.,Service connection was not granted for tinnitus due to lack of evidence showing it became manifest in service.

The Board found that the Veteran's preexisting torn medial meniscus, left knee, did not worsen during service and therefore denied his claim for service connection.

The Veteran's claim for a higher rating for his left knee disability is granted, with the effective date to be determined based on the new evidence provided during this appeal.

The Board has remanded the Veteran's claims for further development, including obtaining medical opinions and conducting additional examinations to address the nature and etiology of his bilateral knee, shoulder, and headache disabilities, as well as the severity of his service-connected right thoracolumbar strain.

The Board has determined that the Veteran's right knee and bilateral hip disabilities are related to his service-connected rheumatoid arthritis, which was present during active duty. As a result, the claims for service connection have been granted.

The Veteran's claims of service connection for left thumb and left knee disabilities have been reopened. The Board finds new and material evidence has been received to reopen the claims, but remands them for further development. For PTSD, the Veteran is granted a rating of 50% effective February 2, 2009.

The Veteran's appeal is remanded for additional development, including obtaining medical records and attempting to obtain Social Security Administration (SSA) disability benefits records. A VA examination will be scheduled to assess the current severity of his right knee disability.

The Board found no evidence of current disabilities related to the Veteran's service, including bilateral hearing loss, tinnitus, diabetes mellitus, a right knee condition, or a right shoulder condition. The claims were denied as there was insufficient medical evidence linking these conditions to his military service.

The Veteran requested to withdraw his appeal regarding the issues of whether new and material evidence has been received to reopen a previously denied claim of service connection for a right knee disability, entitlement to service connection for a right foot disability, and entitlement to service connection for a pulmonary heart condition. As such, the Board does not have jurisdiction to review these matters.

The Board has dismissed the appeal due to the appellant's withdrawal of his appeal prior to a decision being made.