Knee decisions — 2013

The RO reduced the Veteran's rating for her service-connected degenerative joint disease of the right knee, limited extension from 20% to 0%, effective July 1, 2010. The reduction was proper as there was a showing of material improvement that is reasonably certain to be maintained.

The case is being remanded for further development, including scheduling VA examinations and transferring the Veteran's file to an RO nearest his current residence in Georgia.

The Board denied the Veteran's claims for service connection for a left knee disorder and entitlement to TDIU, finding that there was no evidence of a nexus between his current disability and military service.

The Board has remanded the Veteran's claims for service connection for back and left knee disorders due to insufficient evidence in their original file, including military personnel records. The case is being returned to the RO/AMC for further development.

The Board has remanded the case for further development, including obtaining updated VA treatment records and scheduling a new VA examination. The Veteran's claims for service connection for low back strain and left knee injury will be reconsidered based on the additional evidence.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and Worker's Compensation claims information. The case will be readjudicated after the completion of this development.

The Board found that there was CUE in the October 2004 rating decision, and reduced the Veteran's ratings for right and left knee chondromalacia with arthritis from 20% to 10%, effective June 3, 2004.

The Board has remanded the issues of service connection for left knee, right knee, and bilateral foot disorders due to a hearing judge's retirement.

The Board denied the reopening of claims for service connection for various conditions, including bilateral knee disorder, left great toe disorder, low back disorder, and adjustment disorder or other acquired nervous disorder. The Veteran's claims were not reopened due to lack of new and material evidence.

The Veteran's claim for a higher rating for his service-connected low back disability was granted, with the highest possible schedular rating of 40 percent effective March 20, 2012. The claim for an increased rating for his right knee condition remains pending.

The Board has determined that the Veteran's current disabilities, including arthritis of the left great toe, knee disability, foot disability, and sleep impairment, are related to his active military service.

The Board has determined that new and material evidence has been received to reopen the claims for tinnitus/vertigo, chest pains, headaches, and possibly neck pain. The other conditions have not met this standard.,For bilateral hearing loss, no new and material evidence was found. For left knee, leg, and ankle disabilities, no new and material evidence was found either.

The Board has granted service connection for asthma and tinea cruris, finding that the Veteran's conditions are at least as likely as not related to his active duty service. The other issues have been remanded due to incomplete records.

The Board has remanded the case for further development, including scheduling a VA examination and adjudicating both the reduction of the disability rating from 30 percent to 10 percent and the issue of an increased rating for right knee strain with osteoarthritis.

The Board has granted service connection for tinnitus and awarded a separate 10 percent rating for right knee instability. The Veteran's initial claim of entitlement to an increased rating for his right knee disability is also granted.

The Board dismissed an issue seeking an increased rating for a left knee disability, denied entitlement to a compensable rating for service-connected right ear hearing loss, and denied entitlement to earlier effective date for the November 1, 2005 assignment of a 20 percent disability rating for service-connected left knee disability. The Veteran's motion alleging CUE in the July 2009 Board decision was dismissed as the Court affirmed the Board's decisions.

The Veteran's right knee internal derangement was rated at 10 percent prior to September 22, 2011 and increased to 20 percent on and after that date.

The Board has remanded the case for further action on issues of increased disability evaluation for left knee chondromalacia with degenerative arthritis based on limitation of motion, initial compensable evaluation for a hernia condition, and TDIU benefits.

The Board found that the Veteran's right knee and bilateral ankle disabilities are not due to or related to service, and thus denied his claims for service connection.

The Board denied the Veteran's claims for increased ratings for his right and left knee disabilities, finding that the evidence did not support a higher rating based on limitation of motion or other factors.