Knee decisions — 2014

The Veteran's right ankle degenerative joint disease is related to his in-service right ankle injury, and the Board has determined that service connection for this condition should be granted.

The Veteran's claims of reopening and service connection for tinnitus, bilateral hearing loss, a back condition, neck condition, right knee condition, and left knee condition are pending. The RO found new and material evidence in some cases but denied others on the merits.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection of knee disabilities, including Osgood-Schlatter's disease. The case is being remanded for further action.

The Board has remanded the case for additional development, including a VA examination to determine the current level of disability associated with chondromalacia of the left and right knees, as well as whether any current left hand disorder is related to service or to her service-connected left humerus fracture. The AOJ will also offer an opportunity for the Veteran to have a hearing before a current Board member.

The Veteran's left knee laxity is rated at 30 percent effective April 1, 2004. The right knee chondromalacia and left knee laxity are both rated at 10 percent.

The Veteran's current bilateral knee disability is related to his military service, and the Board has granted service connection for osteoarthritis status post replacement of the knees.

The Board has determined that the Veteran's claimed bilateral knee and foot disabilities did not manifest during service or within one year of separation, and there is no evidence linking these conditions to service. As such, service connection for these conditions cannot be established.

The Veteran's claim for an increased rating of her right knee patellofemoral syndrome and chondromalacia is being remanded due to the need for additional development.

The Veteran's service-connected disabilities, including migraines, sleep apnea, low back strain, left knee strain, right knee medial meniscus tear, tinnitus, hypertension, and other conditions, have rendered him unable to secure or maintain substantially gainful employment. The Board has granted a TDIU based on the combined effect of these service-connected disabilities.

The Veteran's claimed conditions, including hypothyroidism, right shoulder disability, migraine headaches, urinary incontinence, left knee disability, acquired psychiatric disability and arthritis, are not etiologically related to her periods of Active Duty for Training (ACDUTRA) or Inactive Duty for Training (INACDUTRA). The Veteran does not have a current diagnosis of diabetes mellitus.

The Board has remanded the case due to a need for clarification regarding whether the Veteran's new knee braces would cause irreparable damage to her clothing. The appeal is now pending and will be reconsidered after further development.

The Veteran's right knee disability was manifested by full flexion and extension with no instability or subluxation, but with objective evidence of crepitation, grinding, and abnormal patellar tracking. The Board found a 10 percent rating for the right knee disability.

The Board has determined that the Veteran's right knee and left ankle disabilities did not manifest during active duty or within one year of separation, and there is no evidence linking these conditions to service. The claims for lumbar spine disability, cervical spine disability (neck numbness), and left arm numbness are also denied as they do not meet the criteria for direct service connection.

The Veteran's appeal is being remanded for additional development to obtain medical records and provide updated examinations for her asthma, left knee, and lumbar spine conditions. Her claim for a TDIU is also inextricably intertwined with the other claims.

The Veteran's claims for service connection and increased ratings were denied. The Board found that new and material evidence had not been submitted to reopen the right knee disability claim, and that the Veteran did not meet the criteria for higher ratings under the general rating formula for diseases and injuries of the spine.

The Veteran's appeal for an earlier effective date for the grant of service connection for degenerative arthritis of the right knee is granted. The issue of service connection for Wolff-Parkinson-White Syndrome (claimed as heart condition with irregular heartbeat) is addressed in the REMAND portion of the decision.

The Veteran's appeal is being remanded for further development, including a VA examination to assess his need for aid and attendance or housebound status, evaluation of his nonservice-connected disabilities, and readjudication of the pension benefits claims.

The Veteran's claims for service connection are being remanded due to the need to obtain missing service treatment records and VA medical records, as well as a VA examination.

The Veteran's appeal is being remanded for a videoconference hearing at the RO in Roanoke, Virginia. The issues of service connection and evaluation remain unresolved.

The Board finds that the Veteran's current tinnitus is not etiologically related to active service, including as a result of in-service noise exposure. The weight of the competent and credible evidence does not support a finding of relationship between the Veteran's current tinnitus and service.