Knee decisions — 2012

The Veteran's service-connected disabilities do not prevent him from securing or following a substantially gainful occupation, and the criteria for a TDIU have not been met.

The Veteran's claims for service connection are being remanded due to incomplete records and the need to clarify his periods of active duty. The Board will address these issues in a subsequent decision.

The Board denied the Veteran's claim for an earlier effective date for service connection of coronary artery disease, finding that the December 1968 rating decision denying service connection was not clearly and unmistakably erroneous.

The Veteran's appeal was dismissed due to his death during the pendency of the appeal.

The Veteran's right knee disability has been rated based on the severity of his symptoms and functional impairment. The rating decisions have addressed different time periods for different aspects of his claim.

The Veteran's service-connected disabilities, including his lower extremity and neurological conditions, effectively result in the loss of use of his left lower extremity together with residuals of organic disease which so affect the functions of balance or propulsion that he is precluded from locomotion without the aid of a cane. His claim for specially adapted housing assistance is granted.

The Veteran's claim for service connection for a left knee disorder is being remanded due to the need for additional development, including obtaining treatment records and scheduling an examination.

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 for further appellate consideration after the hearing.

The Veteran's bilateral hip, right leg and knee disabilities, and low back disability are not service connected as there is no evidence of any in-service injury or disease that caused or aggravated these conditions.

The Board has determined that the Veteran's claimed back, neck, and right knee disorders are not related to his military service. The evidence does not support a finding of direct service connection for these conditions.

The Board has denied the Veteran's claims for service connection for left ankle and right knee disorders, finding that there is no evidence to support a link between these conditions and his military service.

The Veteran's current arthritis of multiple joints other than both knees, both shoulders, the lumbar spine, the right ankle, and the left elbow is not related to his military service or any incident therein.

The Board found that the Veteran's thoracolumbar spine and bilateral knee disabilities did not manifest within one year of service separation, and there is no evidence linking these conditions to his military service. The current diagnoses are not related to his period of active duty.

The Board found that a right total knee replacement was not incurred in or aggravated by military service, may not be presumed to be and is not secondary to a service-connected disability.

The Board granted service connection for tinnitus, finding that the Veteran's lay assertions of noise exposure during service and continuity of symptoms since service were credible. The Board also found that his current tinnitus is likely due to his in-service noise exposure.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and a VA examination to assess the current severity of his service-connected right knee disorder. The claim will be readjudicated after these actions.

The Board has reopened the claim for service connection for residuals of Osgood Schlatter's Disease and granted service connection for tinnitus. The Veteran's right knee disability, left knee disability (secondary to right knee), and peripheral neuropathy are all considered in their respective claims.

The Veteran's bilateral hearing loss is rated at 10 percent, the residuals of his right knee injury are rated as noncompensable, and he was granted a rating in excess of 30 percent for PTSD. The appeal regarding service connection for COPD and TDIU remains pending.

The Veteran's appeal is being remanded due to the need for a videoconference hearing at the Louisville RO. The issues of service connection for right knee disorder, left knee disorder as secondary to a service-connected disability, and low back disorder as secondary to a service-connected disability are pending.

The Board found that there is no competent credible evidence linking the Veteran's current left knee disability or sarcoidosis to his service. The claims for service connection were denied.