Knee decisions — 2012

The Veteran's appeal is being remanded due to issues related to his left and right knee disabilities, PTSD, and a low back disability. The claims for increased ratings on the knees and PTSD are pending, as well as the issue of reopening the claim for a low back disability.

The Board has determined that new and material evidence has not been submitted to reopen the claims of service connection for right knee/leg disability, bilateral hearing loss, and tinnitus. The claims are therefore denied.

The Veteran's tinnitus was not incurred in or aggravated by military service.,The Veteran's right knee disorder was not incurred in or aggravated by military service.

The Veteran's claim for service connection for a bilateral knee disorder is being remanded due to the need for additional development, including obtaining medical opinions and updating VA treatment records.

The Board found that the Veteran does not currently suffer from a diagnosed bilateral knee disorder and thus, service connection for this condition cannot be granted. The appeal is denied.

The Veteran's TDIU claim is denied as he does not meet the schedular requirements for a TDIU and there is no evidence of an exceptional or unusual disability picture.

The Board granted increased evaluations for osteoarthritis of the left and right knees, as well as right hand and ankle conditions. The appellant was also awarded a TDIU.

The Board has determined that the reduction in disability evaluations for the Veteran's service-connected right and left knee disabilities from 20% to 10% was not proper, as there is no evidence of sustained material improvement in the bilateral knee conditions.

The case is being remanded for further development and adjudication due to the need to obtain VA records from 1978. The claims will be reconsidered after this additional development.

The Veteran's degenerative joint disease of the left knee is at least as likely as not related to his history of left knee injury in service, and the Board finds that he is entitled to service connection for this condition.

The Board has determined that the Veteran's bilateral knee disorder, lumbar spine disorder, cervical spine disorder, and chronic headaches are not related to service or any service-connected condition.

The Board found that the Veteran's pre-existing right knee arthritis was not aggravated by service, and thus denied his claim for service connection.

The Veteran's claim for a rating in excess of 10 percent for residuals of a right knee injury prior to January 22, 2002 was denied. However, the Veteran's claim for a rating in excess of 30 percent since January 22, 2002 was granted.

The Board denied the Veteran's claim for service connection of a right knee disability, finding that it was not incurred in or aggravated by active military service and is not proximately due to, or the result of, a service-connected disability. The left knee disability claim has been reopened but remains denied.

The Veteran's claims for service connection for right shoulder and left knee disabilities, as well as an increased rating for lumbar spine disability, are being remanded due to the need for additional development.

The Board denied the Veteran's claims for service connection for a right knee disorder and an acquired psychiatric disorder, finding that there was no evidence of chronicity in service or at any point after service. The current disabilities are not related to military service.

The Veteran's service-connected bilateral hearing loss has been rated as noncompensable since its initial grant. The RO found that the Veteran's right knee disability did not meet the criteria for a compensable evaluation.

The Board has denied the Veteran's claims for an earlier effective date for bipolar disorder and to reopen his claim for right ear infection. The issues of service connection for left knee disability and bilateral eye infections have been remanded.

The Veteran's increased rating claim for his right knee disability was denied, and the denial of reopening a previously denied left knee disability claim is final.

The Veteran's appeal has been dismissed as he withdrew his claims for the issues of entitlement to an initial evaluation in excess of 10 percent for sacroiliac dysfunction with sacral strain, service connection for a respiratory condition as due to undiagnosed illness, service connection for a right knee condition to include surgical scar and service connection for bilateral hearing loss. The claim for tinnitus is granted.