Knee decisions — 2014

The Veteran's left knee disability has been productive of at least moderate, recurrent lateral instability. The Board grants a separate 20 percent rating for lateral instability of the left knee for the entire period on appeal.

The Veteran's claim for service connection for a right hip condition was denied as she does not have a current disability of the right hip other than sacroiliitis, which is already service-connected. The claims for increased evaluations for her service-connected disabilities were remanded due to the passage of time and new evidence indicating possible changes in severity.

The Veteran's tinnitus has been granted service connection. The claims for bilateral hearing loss and bilateral knee disabilities are remanded.

The Veteran's tinnitus is established as service-connected due to his bilateral hearing loss. The claims for initial compensable evaluation of bilateral hearing loss, service connection for left knee disability, and right knee disability are granted.

The Board has determined that the Veteran's January 2010 application for service connection for hay fever, rhinitis, and sinusitis constitutes an original claim. The Veteran seeks service connection for breathing problems including hay fever, rhinitis, and sinusitis. The medical evidence reflects several diagnoses, including upper respiratory infection (URI), and rhinitis during his period of service. However, arthritis, right leg to include right knee was not manifested during the Veteran's active service or for many years after service.

The Veteran's claims for increased ratings for his service-connected left knee disorder and spontaneous pneumothorax residuals are being remanded to allow for additional examinations and consideration of the evidence.

The Veteran's claims for service connection for bilateral knee, hip, and back disorders are being remanded due to the need for additional development.

The Board has decided the claims for higher initial ratings for left knee and left ankle disabilities, finding that they do not meet the criteria for a higher rating than 10 percent.

The April 16, 2005 rating decisions denying service connection for depression and bilateral knee disorders are final as the Veteran did not express disagreement or submit new and material evidence within one year of notice.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and conducting examinations to assess the severity of his service-connected thoracic scoliosis and lumbar lordosis, as well as any current bilateral knee and hearing loss disabilities. The TDIU claim is also part of this appeal.

The Veteran is entitled to an increased level of SMC based on the need for regular aid and attendance due to his service-connected disabilities, including renal insufficiency with nephrotic syndrome, left eye blindness, right below the knee amputation, anatomical loss of left foot status post above-the-knee amputation and loss of use of right hand, peripheral neuropathy of the right lower extremity, left upper extremity polyneuropathy (non-dominant), hypertension, erectile dysfunction, and diabetic retinopathy.

The Veteran's claims for higher initial ratings for his right shoulder and right knee disabilities prior to March 17, 2012, and since that date have been denied.

The appeal has been withdrawn by the appellant through his/her authorized representative before a decision was made.

The Veteran's left knee disability has been evaluated as 10 percent disabling based on arthritis with painful motion. The claim for an increased evaluation is denied.

The Board finds that the cause of the Veteran's death is not related to his service-connected disabilities, including bilateral knee arthritis.

The Board denied service connection for a right knee disability, finding that the Veteran's pre-existing right knee scar did not increase in severity during his active duty and was not otherwise related to his service. The Board also found no evidence of a current right knee disability or any link between the service-connected left biceps femoris tendinopathy (hamstring tendinopathy) and the Veteran's right knee condition.

The Veteran's appeal is being remanded for additional development, including obtaining Naval Academy treatment records and a supplemental medical opinion regarding his left knee disability.

The Veteran's appeal is being remanded for further development, including obtaining VA and private treatment records, scheduling the Veteran for VA examinations to assess his bilateral knee and left wrist disabilities, and determining their current severity.

The Board has reopened the claim of service connection for a left knee disability due to new evidence submitted since the last final denial. The low back disability is also considered as secondary to the left knee disability.

The Board has reopened the claim for service connection of a left knee disability and granted it as secondary to the Veteran's service-connected left ankle disability. The decision is based on new evidence provided by the Veteran, including medical opinions linking his current knee condition to his service-connected ankle disability.