Knee decisions — 2015

The Veteran's appeal has been withdrawn due to the request for withdrawal of the appeal.

The Board has determined that the March 2002 rating decision denying service connection for asthma was not clearly and unmistakably erroneous. The Veteran's left and right knee disabilities are currently rated as 10 percent disabling each, with no higher ratings warranted based on current evidence of record.

The Board found that the Veteran's current left knee condition is not service-connected, as there was no evidence of a chronic disease during service and the VA examiner concluded it is less likely than not related to service.

The Veteran's appeal is remanded due to the need for an SOC on his right knee disability claim and a secondary service connection opinion on his left knee disability.

The Board has determined that effective dates prior to October 14, 2003 for the left knee disability, June 11, 2002 for bilateral hearing loss disability and tinnitus are warranted.

The Board has granted service connection for a left knee disorder, obstructive sleep apnea, and diabetes mellitus type II. The Veteran's current conditions are found to be related to his active duty service.

The Board has remanded the case due to scheduling issues for a Travel Board hearing. The Veteran's claims for service connection are not addressed in this decision.

The Board has determined that the Veteran's left inguinal hernia and right knee disability do not warrant a higher evaluation, as they are rated at their maximum allowable levels under applicable diagnostic codes.

The Board found that there was no clear and unmistakable error in the April 2007 rating decision denying service connection for a right knee disability. The Veteran's pre-existing condition of a torn medial meniscus existed prior to service, and there was no evidence showing permanent worsening as a result of service.

The Board denied the Veteran's claims for increased ratings, finding that the evidence did not warrant a higher evaluation at any time during the appeal period.

The Board has determined that a remand is necessary to obtain an adequate VA examination and opinion regarding the Veteran's low back and left knee disorders, as well as to consider additional private treatment records. The claims will be readjudicated after all relevant evidence is considered.

The Veteran's left knee disability, including instability and meniscal tear with degenerative joint disease, warrants a 10 percent rating since March 2006. A separate 10 percent rating is granted for left knee instability from October 14, 2009 to December 3, 2013.

The Board has received additional private treatment records and the Veteran's lay statement, which have not been reviewed by the RO. The case is being remanded to allow for a de novo review of these documents.

The Veteran withdrew her appeals for increased ratings of neck, right knee, and low back disabilities during the September 2014 Board hearing. The case is dismissed as a result.

The Veteran's PTSD is currently rated as 30 percent disabling, effective May 2, 2011. The rating reflects occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks.

The Board has ordered a remand due to the need for an addendum opinion regarding whether the Veteran's bilateral knee disabilities are related to service or his service-connected spine disability.

The Veteran's right knee disability did not meet the criteria for a compensable rating prior to March 14, 2013 and was not entitled to a rating in excess of 10 percent from that date onwards.

The Board has determined that the Veteran's degenerative joint disease of the right knee and residuals of a total left knee replacement are related to his active duty service, granting service connection for these conditions.

The Board has remanded the case for further development, including a VA examination to determine the current severity of the Veteran's right knee disability and whether he has impairment of the tibia and fibula. The claim will be reconsidered after this additional development.

The Board has remanded the claims of service connection for low back and right knee disorders due to inadequate examination in September 2010. The Veteran's representative and VA's Office of General Counsel have requested a new addendum opinion from the examiner.