Knee decisions — 2012

The Board has remanded the appeal for additional development due to a VLJ's departure and the Veteran's request for another hearing.

The Veteran's left knee disability has been rated at 30 percent since March 2, 2012 for limitation of extension. The appeal is granted.

The Board has granted a rating of 30 percent for instability of the right knee, effective from the date of the December 2011 VA examination. The Veteran's right knee osteoarthritis is rated at 10 percent.

The Veteran's claim for TDIU and DEA eligibility during the period from March 28, 2004 to March 27, 2005 was denied as he had marginal employment.

The Board denied the Veteran's claims for service connection for a left knee disorder and higher initial ratings for retinosa pigmentosa. The Veteran was not shown to have a left knee disorder related to his military service, and the VA examinations did not support an increase in the rating for retinosa pigmentosa.

The Veteran's appeals of increased rating for diabetic retinopathy, service connection for low back disability, and service connection for right knee disability have been withdrawn by his representative.

The Board has determined that additional development is necessary in order to properly adjudicate the Veteran's claims for service connection and increased rating of bilateral hearing loss. The case will be remanded for further action.

The Veteran's left knee condition is found to have had its clinical onset during his period of active service, and the Board grants service connection for this disability. The other issues remain pending.

The Veteran's appeal is being remanded due to his failure to appear at a scheduled hearing. The case will be returned to the Board after scheduling a new hearing.

The Board has determined that the Veteran's bilateral hearing loss is related to his in-service noise exposure and finds service connection warranted. For his bilateral knee disability, a VA examination is needed to determine if it is related to service.

The Veteran's lung disability, diagnosed as bronchitis and asthma, was reopened due to the submission of new evidence. The Board found that the condition was incurred in service.,Service connection for residuals of traumatic brain injury (TBI) including post-traumatic concussion headaches is granted.

The Veteran's claim for TDIU benefits was denied in February 2008, but the Board found that there was clear and unmistakable error (CUE) in the February 1979 rating decision. The criteria for TDIU benefits are met from January 1, 1978 through July 13, 1978.

The Veteran's appeal is being remanded for additional development, including scheduling a VA examination to assess the current severity of his service-connected bilateral knee disabilities and obtaining outstanding VA treatment records.

The Veteran's claim for an increased rating for his service-connected left knee disorder is being remanded due to the need for additional development, including a VA examination.

The Veteran's obstructive sleep apnea is being reviewed for possible service connection as secondary to his service-connected anxiety disorder and right knee degenerative joint disease. The Board has determined that additional development, including obtaining updated medical records and an opinion regarding the relationship between the Veteran's conditions, is necessary.

The Board has determined that the Veteran's current left knee disability is aggravated by his service-connected right knee disability, and thus grants service connection for this condition.

The Veteran is granted a separate rating of 10 percent for instability of his right knee service-connected degenerative joint disease, effective April 9, 2003.

The Board finds against the claims for service connection for a disability of both knees and legs, as well as PTSD. The evidence does not support a finding that these conditions were incurred or aggravated by service.

The Veteran's bilateral knee disabilities, specifically right and left knee strain with patellofemoral syndrome, do not meet the criteria for a rating in excess of 10 percent.

The Veteran's claim for an increased rating for left knee traumatic arthritis prior to February 23, 2011 was granted. A separate rating of 10 percent was also granted for left knee lateral instability prior to that date.