Knee decisions — 2014

The Board has determined that the Veteran's right knee disability was aggravated during service, and therefore grants service connection for this condition.

The Veteran's right knee disability is currently rated at 10 percent under the Rating Schedule for limitation of motion. The evidence does not support a higher rating as there is no indication of instability, subluxation, or other conditions that would warrant a separate compensable rating.

The Veteran is granted a 30 percent disability rating for his right knee disability, status post partial knee replacement, effective June 2, 2010.

The Veteran's appeal is being remanded due to the need for a new VA examination and consideration of multiple diagnostic codes related to his left knee disorder. The claim will be reconsidered with an eye towards separate ratings for lost flexion/extension, instability, and any post-operative scarring.

The Veteran's claim for an earlier effective date of TDIU was granted, with the effective date set at May 14, 2010. The Veteran had been service connected for various conditions including PTSD and multiple musculoskeletal issues since April 25, 2008.

The Veteran's appeal was not timely filed, and his claims for service connection were denied as new and material evidence was not received to reopen the previously denied claims.

The Board has remanded the case due to insufficient compliance with previous directives, specifically regarding an opinion on whether the Veteran's right knee arthritis is aggravated by his service-connected bilateral flat feet.

The Board has denied the Veteran's claims for increased ratings for his service-connected left knee osteoarthritis and left knee sprain with instability, finding that there is no new evidence to reopen the claim or additional functional loss due to pain.

The Board has granted service connection for bilateral eye disabilities and denied service connection for bilateral knee disabilities. The Veteran's venereal warts, strain of the 5th toe of the right foot, and radiculopathy of the right lower extremity are all rated as they were initially determined.

The Veteran's claim for increased ratings for his right knee disability was denied as the evidence did not meet the criteria for an evaluation in excess of 10 percent or greater than 20 percent since November 1, 2011.

The Veteran's appeal was granted, and he is now receiving a 50 percent disability rating for his acquired psychiatric disorder to include PTSD. He also received separate 10 percent ratings for right and left knee patellofemoral dysfunction. The Board has found that the Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities, including his acquired psychiatric disorder.

The Veteran's chronic cough is proximately due to his service-connected gastroesophageal reflux disease (GERD). Service connection for a chronic cough secondary to GERD has been granted.

The Board found that none of the Veteran's service-connected disabilities, individually or collectively, acted as the principal or contributory cause of his death. The underlying lung cancer resulting in his death was not related to his service.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling a VA examination to assess the severity of his left knee disability. The issue of entitlement to TDIU will also be addressed on remand.

The Veteran's appeal is being remanded for further action, including scheduling a Travel Board hearing.

The Veteran's appeal is being remanded for further development, including consideration of an extraschedular rating and a TDIU due to his service-connected right knee disability.

The Veteran's service-connected Meniere's disease residuals are rated at the maximum available rating of 100 percent. The claims for secondary service connection for left hip, left knee, right knee, and psychiatric disorders have been denied as there is no evidence of these conditions during the period of this claim.

The Board found that the Veteran's bilateral knee disorder, including arthrosis, is not related to active service and may not be presumed to have been incurred in service.

The Board has remanded the case for further development, including obtaining records from the Marine Reserve and a VA audiology examination to determine if the Veteran's hearing loss is related to service.

The Board is remanding the case to obtain additional evidence from the Veteran's former employer and to adjudicate the claim of reopening service connection for a left knee disability.