Knee decisions — 2012

The Board has determined that the Veteran's low back and bilateral knee disabilities are not service-connected, as there is no evidence of their onset during active duty or within one year post-service. The current conditions are considered to be unrelated to his military service.

The Veteran's appeal is being remanded for further development, including scheduling a VA examination. The case will be returned to the Board once additional information is obtained.

The Board denied a rating in excess of 20 percent for instability residual to a torn medial meniscus in the left knee, finding that the Veteran had no more than overall moderate instability.

The Veteran's appeal is being remanded for a Video Conference hearing before the Board to be held at the VA Regional Office in San Antonio, Texas.

The Board has denied the Veteran's claims for service connection for various conditions, including malaria, a respiratory disorder, a cervical spine disorder, neuropathy of bilateral lower extremities, right and left eye disorders, fibromyalgia and musculoskeletal pain, bilateral knee disorders, right ear hearing loss, and left ear hearing loss. The Board found that the evidence did not support these claims.

The Board has received notification of the appellant's request to withdraw his appeal regarding service connection for right and left knee conditions. As a result, the appeal is dismissed.

The Board finds that the Veteran's current right and left knee disorders are at least as likely as not related to his period of military service, including his service as a paratrooper. Service connection is granted for these conditions.

The Veteran's claims for service connection are being remanded due to the need for additional development, including a VA examination and review of outstanding treatment records.

The Veteran's initial disability ratings for degenerative disc disease and degenerative joint disease of the lumbosacral spine, left sciatic nerve deficits associated with the lumbosacral spine, right sciatic nerve deficits associated with the lumbosacral spine, status-post anterior cruciate ligament reconstruction of the left knee, and a left knee scar have been granted. The Veteran's initial disability rating for degenerative disc disease and degenerative joint disease of the lumbosacral spine is 40 percent.

The Veteran's service-connected disabilities, including PTSD, prostate cancer residuals, tinnitus, right knee strain, and hearing loss, render him unable to secure or follow a substantially gainful occupation.

The Board has remanded the Veteran's claims for additional development due to incomplete examination reports and the need to obtain private treatment records.

The Veteran's degenerative arthritis of the thoracolumbar spine was not found to warrant an evaluation in excess of 10 percent prior to February 5, 2009.,From February 5, 2009, the Veteran's degenerative arthritis of the thoracolumbar spine did not meet the criteria for a higher evaluation.

The Board denied the Veteran's claims for increased ratings and service connection, finding that her chondromalacia of the left knee warranted a 10 percent rating but not higher. The instability of the left knee was separately rated at 10 percent. Service connection for a right knee disability was also denied as it was not proximately due to or aggravated by the service-connected left knee disability.

The Veteran's claims for increased evaluations and service connection are being remanded due to inadequate examinations in the June 2008 VA joints examination.,The Veteran's claim of a temporary total disability rating is also being remanded.

The Board finds that the Veteran's current bilateral knee disability is not related to his active duty service, and thus denies his claim for service connection.

The Veteran's lumbar spine disability was granted a 40 percent rating effective December 17, 2010. His right knee disability remains at a 10 percent rating.

The Veteran seeks service connection for headaches, low back disorder, and right knee disorder. The Board finds that the evidence does not support a finding of in-service incurrence or aggravation of these conditions.,For headaches, the Veteran has provided credible testimony about onset during active duty and ongoing symptoms since separation from service.

The Veteran's service-connected disabilities meet the percentage requirements for a TDIU, and the competent opinion evidence on whether his service-connected disabilities prevent him from obtaining and retaining substantially gainful employment is in relative equipoise. Therefore, the claim for a TDIU is granted.

The Veteran's appeal is remanded for further development to determine the impact of all service-connected disabilities on his employability, including education and occupational experience.

The claims of service connection for bilateral hearing loss disability, bilateral knee disability, and low back disability are being remanded due to inadequate examination findings. The claim of secondary service connection for these disabilities is also being remanded.