Knee decisions — 2014

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and VA treatment records. A VA examination will also be conducted to determine the nature and etiology of his left knee disorder.

The Board has determined that there is no evidence of a current left knee disability or lower back disorder related to service. The Veteran's reports of continuity of symptoms are not credible given the lack of such reports at separation and in earlier medical records.

The Board has determined that a new VA examination is needed to determine the etiology of the Veteran's left knee disability, and outstanding VA treatment records are requested.

The Board has reopened the claims and granted service connection for right knee disability and left knee disability.

The Veteran's service-connected bilateral hearing loss is found to be due to noise exposure during service, and the Board grants service connection for this condition. The initial rating for his degenerative arthritis, bilateral knees, status post meniscus repair with scars remains at 10 percent.

The Veteran's left knee instability and DJD prior to January 6, 2011 do not meet the criteria for a higher rating under applicable diagnostic codes.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and possibly scheduling VA examinations.

The Veteran's service connection claims for bilateral ear infections, bilateral flat feet, left knee disorder, right knee disorder, left hip disorder, right hip disorder, low back disorder, and arthritis of the lower extremities were denied as secondary to his pre-existing pes planus. The Board found that there was no evidence of aggravation during service or post-service, and thus service connection could not be established on a secondary basis.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's right knee disability, specifically whether it is related to his in-service motor vehicle accident during ACDUTRA. The Veteran will be afforded a VA examination.

The Veteran's claims for service connection for degenerative disc disease of the lumbar spine, internal derangement of the left knee, and internal derangement of the right knee were denied in a February 2003 rating decision. The effective date assigned was September 30, 2009.,The Veteran filed an informal claim to reopen his service connection claims for back and left knee conditions on September 30, 2009. He argued that he should have been granted service connection earlier in November 2005 when he called the Hawaii ROJ.,The Board found that there was no evidence of a prior claim filed before September 30, 2009 and denied the Veteran's request for an effective date earlier than September 30, 2009.

The Board has determined that the Veteran's torn ACL of the right knee is related to his active duty for training (ACDUTRA) in June 2007, and thus service connection is granted.

The Veteran's appeal is being remanded for further development, including a VA examination to assess the current severity of his service-connected disability. The case will be readjudicated after any additional evidence is considered.

The Veteran's appeal for service connection of a right knee disorder has been dismissed due to the death of the appellant.

The Board has granted a separate 10 percent rating for left knee limitation of flexion, but denied an increased rating for left knee instability.

The Board has denied the Veteran's claims of service connection for a middle finger fracture and a temporary 100% rating for convalescence after surgical treatment for a femur fracture. The evidence did not support secondary service connection for the middle finger fracture, as there was no credible evidence linking it to his service-connected left knee disability.

The Board has granted an initial 20 percent rating for degenerative disc disease of the lumbar spine since May 30, 2011. The Veteran's right knee disability is rated at 10 percent and his bilateral pes planus is rated as noncompensable.

The Board found that the Veteran's bilateral knee disorders are not related to his service, regardless of whether he was on active duty (AD), active duty for training (ACDUTRA) or inactive duty training (INACDUTRA).

The Veteran's service-connected left knee disability is currently rated at 20 percent, but the Board finds that it does not meet or approximate the criteria for a higher rating.

The Board found that the Veteran's current right and left knee disabilities did not have their onset during his period of active military service. The preponderance of evidence does not support a finding that these conditions are related to his in-service knee pain.

The Veteran's service-connected knee disabilities do not result in loss of use of both lower extremities, and he does not have other service-connected conditions that would qualify him for specially adapted housing. The Board finds the preponderance of evidence is against his claim.