Knee decisions — 2014

The Board has determined that the Veteran's current left knee disorder, identified as patellofemoral pain syndrome, is related to his period of service and granted service connection for this condition. The remaining issues regarding increased evaluations for right knee disability, lumbar spine disability, and chronic sinusitis are pending.

The Veteran is granted a separate 10 percent rating for left knee instability and an increased rating of 10 percent for the service-connected left knee disability on the basis of function loss for the period prior to October 11, 2011.,For the period of the appeal prior to October 11, 2011, the Veteran is entitled to a separate 10 percent rating for left knee instability and an increased rating of 10 percent for the service-connected left knee disability on the basis of function loss.

The Board has remanded the Veteran's claims for further development, including obtaining an opinion on whether his service-connected left ankle disability caused a worsening of any currently diagnosed left and right knee disabilities beyond their natural progression.

The Board found no evidence of a nexus between the Veteran's bilateral knee arthritis and his military service, including any service-connected disability. The claim was denied as there is insufficient medical evidence to support a direct service connection.

The Veteran's right knee disability, including a tear of the lateral meniscus and degenerative arthritis, is currently rated at 10 percent. Separate ratings for instability and limitation of motion are also granted.

The Veteran's claims for higher initial ratings for postoperative degenerative disc disease of the lumbar spine, postoperative residuals of a right knee injury, and eczema have been denied. The VA has not found sufficient evidence to grant any of these claims.

The Veteran's right knee disability, post TKR, has been rated at 20 percent since May 20, 2008. The Board found that the evidence did not meet the criteria for a higher rating during this period.

The Veteran's initial increased ratings for right knee instability and limitation of motion were granted, with a final rating of 20 percent effective December 10, 2012.

The Veteran's appeal is remanded for further development, including obtaining medical records and arranging for a VA examination to assess the current severity of his left knee disability.

The Board has granted a separate, 10 percent rating for instability of the right knee since October 1, 2007. The issue of entitlement to TDIU was dismissed as the Veteran withdrew his appeal.

The Board has remanded the issue of entitlement to a total disability rating based on individual unemployability (TDIU) for further development. The Veteran's service-connected conditions include patellar femoral syndrome of the right knee, asthma, and cervical spine disability.

The Board has determined that the Veteran's left knee disability is not service connected, as it did not begin during service or be otherwise etiologically related to his active duty service. The August 2014 VA examination and opinion concluded that the Veteran's current left knee disabilities are not caused by or aggravated by his service-connected right knee disability.

The Veteran's appeal is being remanded for additional development to determine the current severity and symptomatology of his service-connected bilateral knee disabilities, including any loss of muscle or atrophy resulting from these conditions.

The Board has determined that the Veteran does not have a left knee disability or lumbar spine disorder that is related to service, and thus denied both claims.

The Veteran's appeals for earlier effective dates for the combined 70 percent disability rating and TDIU claims are dismissed as they are legally insufficient.

The Board has determined that the Veteran's current bilateral hearing loss is reasonably shown to be related to acoustic trauma in service, and thus grants service connection for this condition. The right knee disability claim remains pending as it was not addressed by the RO.

The Veteran's claim for dermatitis is granted as it began during a period of active duty training (ACDUTRA) and thus meets the criteria for service connection.

The Veteran is found to be unemployable due to his service-connected disabilities, which prevent him from securing or following a substantially gainful occupation.

The Veteran's appeal is remanded for additional development, including obtaining VA treatment records and scheduling examinations to determine the nature and etiology of his depressive disorder with PTSD, left hip, back, and left knee disorders. The TDIU claim will be deferred until adjudication of other claims.

The Veteran's claims for service connection and increased ratings were denied. The Board found no evidence of GERD, and the lumbar spine and right knee disabilities do not meet the criteria for a higher rating.