Knee decisions — 2013

The Board has determined that the Veteran's bilateral knee disability was not incurred or aggravated by his active duty service and is not related to any disease, injury, or incident in service. As a result, service connection for this condition is denied.

The Board has denied the Veteran's claims of service connection for visual problems, tinnitus, neck disability, left shoulder disability, and right knee disability. The evidence did not establish a link between these conditions and his military service.

The Board found that the Veteran's chronic bilateral knee disability, including arthritis and status-post bilateral TKA, did not have its onset during active military service.

The Board found that the Veteran's current left knee disability is not related to his in-service injury and denied his claim for service connection.

The Veteran's claim for an increased rating for osteoarthritis of the left knee was withdrawn.,The Veteran's claim for an increased rating for chondromalacia patella of the left knee was withdrawn.,An effective date of June 17, 2008, is granted for a separate award of service connection for laxity of the medial collateral ligament of the right knee.,A TDIU is granted.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional development of evidence, including a VA examination.

The Veteran's PTSD has resulted in total social and occupational impairment since January 30, 2007. The Board grants a 100 percent rating for PTSD effective from January 9, 2009.

The Veteran's claims for service connection are being remanded due to the need for additional evidence and clarification of his current disabilities.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision being made.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for left knee pain, and it is now granted.

The Board denied the Veteran's claims for service connection for residuals of hepatitis, a lower back disability, and a right shoulder injury. The claim for a right knee injury was remanded.

The Board finds that the staph infection and left below the knee amputation were not caused by VA's negligence or carelessness, and thus compensation under 38 U.S.C.A. § 1151 is denied.

The Veteran's knee injury and arthritis are not service-connected, as the current conditions did not manifest during active duty or due to a service-connected condition. The psychiatric disability claim is also denied.

The Veteran's residuals of a fracture of the right tibia were not rated higher than 30 percent prior to September 4, 1996.,From November 1, 1997, the Veteran's residuals of a fracture of the right tibia, status post-total knee arthroplasty have not been rated higher than 30 percent.

The Veteran's claims for increased ratings for her right and left knee disabilities, as well as the effective date claim for a back disorder, were granted. The effective dates are not specified.

The Board has remanded the case for a new VA examination to address the likely etiology of current right knee disability, including arthritis. The examiner is to obtain history from the Veteran as to what if any right knee symptoms he experienced during service (including with the motor vehicle accident), soon after service, and over the years since service.

The Board found that the Veteran does not currently have a left knee disability and denied service connection for both right and left knee disabilities due to lack of evidence supporting their existence.

The Board denied the Veteran's claims of entitlement to service connection for a right knee disability and an increased rating for his bilateral hearing loss. The Veteran's bilateral hearing loss was rated at 40% prior to February 20, 2013, and at 70% effective from that date.

The Veteran's left knee cystic degeneration, lateral meniscus disability has been rated at 10 percent since 1974. The VA examiner found that the Veteran's range of motion was limited to 120 degrees flexion and full extension, with pain noted from 90 degrees actively and passively. Despite these findings, the limitation did not meet or approximate the criteria for a higher rating under any applicable diagnostic codes.

The Veteran's claims for service connection for right ear hearing loss, bilateral foot disorder (pes planus), and bilateral knee disorders have been denied. His hypertension has been granted a compensable rating of 40%. The issue of service connection for obstructive sleep apnea is not found in the decision.