Knee decisions — 2012

The Veteran's left knee strain, status post anterior cruciate ligament and meniscal repair, is rated as 10 percent disabling prior to September 26, 2002. Effective September 26, 2002, the disability rating was increased to 10 percent.

The Board has denied the Veteran's claims for service connection due to a lack of new and material evidence, as well as the denial of secondary service connection.

The Board has determined that the Veteran's right knee degenerative joint disease and chondromalacia patella, left knee degenerative joint disease and chondromalacia patella, and cervical spine degenerative disk disease are as likely as not related to his active military service.

The Veteran's appeals for increased ratings for his service-connected left knee disability and surgery were denied as the evidence did not meet the criteria for a higher rating under applicable VA regulations.

The Veteran's service-connected residuals of a total left knee replacement are currently rated at 60 percent, effective June 1, 2010. The claim for an increased rating for mood disorder (claimed as PTSD) is denied.

The Veteran's claims for service connection for hearing loss and tinnitus were denied as there is no evidence of a chronic disability within one year after service.,Service connection was not granted for the Veteran's cardiovascular disorder, bilateral hearing loss, or tinnitus.

The Veteran's service connection claims for various conditions, including residuals of a circumcision, ED, right knee arthritis, bilateral foot condition, and back condition are granted. The claim for an increased evaluation for the fractured left medial malleolus is also granted.

The Veteran's claims for service connection for a respiratory disability, bowel disorder, and post-operative residuals of a left knee meniscus repair were denied. The Veteran was not granted any new evaluations or effective dates.

The Board has determined that the Veteran's left leg compartment syndrome and degenerative joint disease of the left knee are at least as likely due to or aggravated by his service-connected right ankle and right knee disabilities.

The Veteran's appeal was denied as he did not file a timely substantive appeal within the required time frame. The issues of service connection for left knee disorder, hypertension, and PTSD were decided on their merits based on the evidence of record at that time. Initial ratings for low back disability and cervical spine disability were also addressed but are not relevant to this decision.

The Board has found that additional development is required before the Veteran's claims of entitlement to service connection for bilateral knee disability and a neck disability are decided. The case is REMANDED for further development.

The Board has determined that additional VA treatment records are needed and will be obtained. The Veteran's service-connected disabilities do not meet the schedular criteria for a TDIU per 38 C.F.R. § 4.16(a). However, his claim of entitlement to a TDIU is submitted to the Director, Compensation and Pension Service for extraschedular consideration under 38 C.F.R. § 4.16(b) due to marked interference with employment.

The Board found that the appellant does not have a current respiratory disability, including asbestosis. The Board also determined that any current arthritis is not causally related to service.

The Board denied the Veteran's claims for service connection for diabetes mellitus, low back disorder, bilateral knee disorder, and bilateral wrist disorder. The evidence did not establish a nexus between these conditions and service.

The Veteran's current right thigh, back, left shoulder, and left knee disabilities were not incurred in or aggravated by active service. The Board finds that these conditions are not related to the human pyramid incident during service.

The Board found that the Veteran's claimed disabilities are not related to his military service and denied all claims for service connection.

The Veteran's appeal is being remanded for additional development to obtain medical records and provide an etiological opinion regarding his claimed knee disabilities and respiratory disorder.

The Board finds that the Veteran's current back, neck, and bilateral knee disabilities were not incurred in or aggravated by active service.,There is no evidence of chronicity or continuity of symptomatology for these conditions since service.

The Board has determined that the Veteran does not have any current disabilities related to his military service, including back injury residuals, hand disorders, knee disorders, frostbite residuals, or hearing loss and tinnitus.

The Veteran's service-connected disabilities, including right and left total knee replacements, diabetes mellitus type II, peripheral neuropathy of the lower extremities, bilateral tinnitus, erectile dysfunction, and bilateral hearing loss, have rendered him unable to secure or maintain substantially gainful employment. The Board has granted a TDIU based on this finding.