Knee decisions — 2012

The Board denied an increased rating for left knee arthritis and a rating greater than 10 percent for instability of the left knee.

The Board has remanded the case due to new evidence received since the November 2008 supplemental statement of the case and requests for a hearing.

The Board has remanded the case due to a failure to return the claims file to the Veteran's representative for preparation of a more comprehensive VA Form 646. The Veteran and his representative have been provided an opportunity to review the claims file and prepare their arguments.

The Board has determined that the Veteran's current right and left knee disabilities are not related to his military service, as there is no evidence of a chronic condition during or within one year after service. The VA examiner opined that the Veteran's current degenerative joint disease is more likely due to post-service injuries.

The Veteran's service-connected instability of the right and left knees did not meet the criteria for a compensable rating during the entire increased rating period under appeal. The Board found no evidence of slight recurrent subluxation or lateral instability in either knee.

The Veteran's sleep apnea, left knee disorder and cervical spine disorder are all found to be related to his active duty service.,Service connection is granted for these conditions.

The Board found that the Veteran's current left knee disorder was not incurred in or aggravated by his active military service, including any period of active duty for training or inactive duty for training.

The Board found that there is no preponderance of evidence to support a nexus between the Veteran's current left knee disability and his period of active service, including two in-service left knee injuries. The Board concluded that the Veteran did not have a left knee injury during service and any subsequent symptoms were not related to service.

The Veteran's appeal is being remanded to the RO for scheduling a Travel Board hearing. The issues of service connection and rating for various conditions are pending.

The Board has determined that additional development is required before the Veteran's claims on appeal can be decided. Specifically, a new VA examination is needed to determine whether his left knee disability is proximately due to or aggravated by his service-connected right knee disability and to assess the current severity of his service-connected right knee disability.

The Board has received a withdrawal of the appeal from the appellant, thus dismissing the case.

The Veteran's claim for service connection for IHD, which was granted effective December 21, 2010, is being granted with a higher rating of 60 percent since that date. The effective date for the grant of service connection for IHD has been changed from December 21, 2010 to March 9, 2009.

The Veteran's appeal is being remanded for a Board video conference hearing at the RO.

The Board has denied the Veteran's claims of service connection for a bilateral hearing loss disability and residuals of low back injury. The claim of service connection for right knee disability is remanded due to insufficient evidence.

The Veteran's claims for service connection for right shoulder tendonitis, left knee sprain, and bilateral ankle disabilities have been denied as there is no current disability found in her medical records.

The Veteran's claims for service connection and increased ratings have been denied. The Board found no current diagnosis of frostbite or cold residuals of the feet, and the preponderance of evidence showed that his left knee disability was not related to service-connected conditions.

The Veteran's claims for effective dates prior to March 3, 2005 and earlier for service connection were denied. The Veteran was granted service connection for right trochanteric bursitis on March 1, 2007 and left trochanteric bursitis on October 6, 2008. Her claims for higher rating for patellar chondromalacia of the right knee, glomerulonephritis, hearing loss, and tinnitus were also denied.

The Board denied the Veteran's claims for service connection for various conditions, including a cervical spine disorder, left and right shoulder disorders, a left knee disorder, a right wrist disorder, a left wrist disorder, tinnitus, and a sinus disorder. The appeal was based on new evidence submitted after her initial claim.

The Veteran's appeal is being remanded for a new VA examination to assess the current nature and severity of his right knee disorder, following his July 2012 surgery. The claim will be reconsidered after this additional development.

The Board has determined that DJD of the right knee, status post arthroscopic surgery, is etiologically related to injury during Active Duty for Training (ACDUTRA) in May 1991 and grants service connection.