Knee decisions — 2012

The Veteran's claims for service connection for tinnitus and a rating in excess of 30 percent for right knee disability were denied. The Board found that there was no credible evidence to support the current existence of these conditions, particularly regarding tinnitus.

The Board denied service connection for a neck disability, headaches, and bilateral knee disabilities. The issue of entitlement to compensation under 38 U.S.C.A. § 1151 for a right upper extremity disability was also addressed.,Compensation under 38 U.S.C.A. § 1151 for the Veteran's right upper extremity disability was denied as it did not meet the criteria of being due to VA treatment, or an event not reasonably foreseeable.

The Board denied the Veteran's claims for service connection for right knee arthritis as secondary to his service-connected left knee disability and for initial compensable ratings for scars of the left knee. The decision also dismissed a claim for compensation under 38 U.S.C.A. § 1151.

The Veteran's service-connected disabilities do not prevent him from securing and following some type of substantially gainful employment.

The Veteran's appeal is being remanded due to the need for additional development and consideration of his claims for service connection for left and right knee disorders, as well as TDIU. The VA examiner must address whether these conditions are related to service or secondary to a pre-existing condition.

The Veteran's combined disability rating is only 30 percent and does not meet the schedular criteria for a total disability rating. The preponderance of the evidence does not show that her disabilities are severe enough to prevent her from engaging in substantially gainful employment.

The Veteran's right knee internal derangement with degenerative joint disease is currently rated at 20 percent, and his left knee degenerative joint disease is rated as noncompensable. The Board has determined that the current ratings are appropriate.

The Veteran's appeal is being remanded for additional development to address the combined effects of all his service-connected disabilities on his employability.

The Veteran's claims for higher initial rating and service connection were granted, with a 30% disability rating assigned for degenerative joint disease of the right knee, status-post total knee replacement effective March 1, 2010. Service connection was also granted for left knee disability secondary to right knee disability.

The Board has determined that additional development is needed to establish the Veteran's service connection claims, including obtaining missing service treatment records and potentially reconstructing a possible in-service injury.

The Board has determined that the Veteran's cervical spine and bilateral knee/leg disabilities are not related to service, as there is no evidence of such conditions during or immediately following his military service.

The Board found that the Veteran's pre-existing bilateral pes planus did not permanently increase in severity during his military service and denied all claims for secondary disabilities. The Board concluded that there was no evidence of a current hip, knee, or spine disability related to his military service.

The Veteran's appeal has been dismissed as he withdrew all his issues on appeal via written notification prior to the promulgation of a decision.

The Board has received notification of the appellant's request to withdraw the appeal and therefore dismisses the case.

The Board found that the Veteran's current right and left lower extremity conditions are not related to his military service or a service-connected disability, thus denying his claims.

The Veteran's appeal is being remanded for further development, including obtaining VA and SSA records and scheduling a VA examination to reassess his service-connected disabilities.

The Board has determined that the Veteran's current right knee disorder is not related to service or his service-connected left knee disorder, and thus denied his claim for service connection.

The Veteran meets the threshold criteria for a TDIU due to his service-connected disabilities, with multiple conditions bringing his combined rating to 90 percent. The evidence shows that he is unable to work based solely on his service-connected disabilities.

The Veteran's appeal is being remanded for additional development, including obtaining records of his 1985 knee injury and any subsequent treatment. The claims will be adjudicated again.

The Board has granted service connection for osteoarthritis of the left knee, right hip, and lumbar spine as secondary to service-connected osteoarthritis of the right knee.