Knee decisions — 2013

The Board found that the Veteran's current left and low back disabilities were not incurred or aggravated by active service, nor are they proximately due to a service-connected disability. The claims for service connection were therefore denied.

The Veteran's appeal is remanded for additional development, including obtaining VA and private medical records, scheduling a VA examination to determine the nature of his right leg/knee disorder, and determining which muscle groups were affected by his shrapnel wound.

The case is being remanded for additional development to address the etiology of the Veteran's acquired psychiatric disorder and the nature of his service-connected right knee disabilities. The TDIU claim will also be remanded as it is inextricably intertwined with the other issues.

The Board denied the Veteran's claims for increased ratings for his service-connected left knee disability, finding that the evidence did not support a rating in excess of 10 percent for limitation of motion and a separate 20 percent rating based on semilunar cartilage or instability.

The Veteran's service-connected disabilities do not preclude substantially gainful employment, and therefore the criteria for a TDIU are not met.

The Board has determined that the Veteran's left knee disability, bilateral hearing loss, and tinnitus are related to his service. The evidence is at least as likely as not that these conditions were incurred during his military service.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination during a period of flare-up of her dermatitis. The claims will be readjudicated after the additional development.

The Veteran's appeal is being remanded for additional development, including consideration of new evidence and a TDIU claim.

The Veteran's appeal has been withdrawn by his representative and the appellant, thus dismissing the appeal.

The Board has received notification from the Veteran to withdraw his appeal for a higher rating for left knee degenerative arthritis. The claim of service connection for bilateral hearing loss disability is granted, with the opinion that the current hearing loss disability was incurred in service due to noise exposure during military service. The lumbar spine disability issue remains pending and will be remanded for further examination.

The Board has determined that additional development is needed in order to make a determination on the Veteran's claims for service connection and increased rating. This includes obtaining pertinent VA treatment records, verifying combat experiences, and providing an opinion regarding the etiology of his hearing loss, knee disability, and lumbar strain.

The Board found that the Veteran's right knee condition is not related to his military service and does not result from or aggravate his service-connected left knee disability.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and arranging for an orthopedic examination to assess the severity of his service-connected bilateral knee disabilities. The claims for PTSD, schizoaffective disorder, and idiopathic gastroparesis are also being addressed.

The Veteran's claim for automobile and adaptive equipment or for adaptive equipment only is being remanded due to the need for additional development, including a VA examination.

The Board found that the Veteran's current right and left knee disabilities are not related to any event, injury, or disease in service. The arthritis was not manifest within one year after discharge from service.

The Board has determined that the Veteran's preexisting bilateral knee disability was permanently aggravated by active service, and therefore grants service connection for this condition.

The Veteran requested a separate, compensable evaluation for scars above the left knee or below the left knee and for injury to muscles other than Muscle Group XIV. The request was withdrawn during the October 2012 Board hearing.

The Veteran's left knee disability, including his service-connected status post stress fracture of the tibia and secondary DJD and tendonitis of the gastrocnemius insertion, warrants a 20 percent rating.

The appeal is being remanded due to incomplete development and the need for a TDIU evaluation. The AMC must ensure all notification and development are fully complied with, including obtaining medical records and conducting a social and industrial survey.

The Board determined that the Veteran did not meet the criteria for service connection for a gastrointestinal disorder, left knee disability, or hypertension due to lack of evidence showing these conditions were incurred during active duty.