Knee decisions — 2014

The Board has remanded the case for due process reasons, including scheduling a hearing before a Veterans Law Judge at the Veteran's local RO.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and evaluations. The issues include secondary service connection for a right knee disorder, residuals of pleurodesis for pneumothorax, irritable bowel syndrome, gastroesophageal reflux esophagitis, esophageal ulcers, gastritis, and tinnitus.

The Veteran's tinnitus is service-connected.,Bilateral hearing loss was not found to be related to service, but the claim remains pending as it may still be connected through other theories of entitlement.,Right knee DJD and low back disability are both found to be secondary to left knee DJD with effusion, pseudo laxity, and scar. The Veteran's tinnitus is also found to have started during service.,The Veteran's low back disability remains pending as it may still be connected through other theories of entitlement.

The case is being remanded due to the inadequacy of the VA examination for the low back disability and the need to obtain additional medical records.

The Veteran's claims for compensation under 1151 and secondary service connection were denied as there was no evidence of VA negligence or fault in the care provided, and his conditions are not considered to be proximately due to or the result of a condition that has been previously established.

The Veteran's claim for a higher disability rating for his service-connected left knee disability is being remanded due to the need for additional examination and evaluation of his condition.

The Veteran's right knee disability was rated at 30 percent prior to May 25, 2010 and increased to 40 percent from May 26, 2010 through June 7, 2012. After his total knee replacement on June 8, 2012, he was initially rated at 30 percent until July 31, 2013, and then returned to a 40 percent rating.

The Board has remanded the Veteran's claims due to the need for further development regarding his periods of active duty for training and inactive duty training.

The Board has determined that the Appellant's pre-existing bilateral knee disabilities did not permanently worsen beyond their natural progress during active service, and thus denied his claims for service connection.

The Board found that the Veteran's current right knee condition is not related to his military service and denied his claim for service connection.

The Board has determined that the reduction in ratings for bilateral knee strain was improper and denied the Veteran's claims for increased evaluations.

The Board has remanded the case due to the Veteran's failure to report for a VA examination, and another examination is needed to determine if his right knee disorder is related to military service.

The Board finds that the Veteran does not have a current right knee disability and therefore, service connection for this condition is denied. The claim for an eye condition (rod cone retinopathy) will be remanded to obtain additional medical opinions regarding its etiology.

The Veteran's appeal is remanded for further development, including obtaining additional medical records and scheduling examinations to assess the severity of his service-connected left knee disability and right upper extremity radiculopathy.

The Veteran's degenerative disc disease of the lumbar spine is now rated at 60 percent, effective January 3, 2014. The other conditions remain at their current ratings.

The Board denied the claim that service connection for the cause of the Veteran's death is warranted, finding that his death was not caused by or a result of any service-connected disability.

The Veteran's appeals for service connection on the issues of bilateral shoulder and knee disabilities, vasectomy scar, and prostate mass have been dismissed due to withdrawal by the Veteran.

The Veteran's claims for service connection for an eye disability and back disability were denied as the evidence did not establish a link to service.,Service connection was granted for right knee degenerative joint disease, but left knee disability is not supported by the record.

The Board finds that the Veteran's right knee arthritis is at least as likely as not due to his in-service parachute jump injury, and grants service connection for this condition.

The Board has remanded the case for a Travel Board or video conference hearing due to the Veteran's illness, and will handle any additional development as needed.