Knee decisions — 2015

The Board has determined that the Veteran is entitled to service connection for degenerative joint disease of the right knee, left knee, and Type II diabetes mellitus secondary to his service-connected kidney disease. The claims are granted.

The Veteran's right total knee replacement was granted a 60% rating effective May 6, 2015. The previous ratings were denied.

The Veteran's appeal is being remanded due to scheduling issues for a videoconference hearing. The primary issue remains the claim for service connection for a right knee disability, which may be secondary to left knee arthritis.

The Veteran's left and right knee PFS have been rated at the minimum compensable level based on painful motion.

The Veteran's appeal is being remanded to the AOJ for additional development and consideration of his claims.

The Veteran's appeals on the issues of left knee, left ear hearing loss, and left ear tinnitus have been dismissed as withdrawn. The claim to reopen a back disorder was denied due to lack of new and material evidence.

The Board has determined that new and material evidence has been received to reopen the claims for service connection for a right knee disability and a bilateral ankle disability. The Veteran's right knee disability is found to be related to service, while his bilateral ankle disability is not considered due to an in-service injury or disease.

The Veteran's left knee chondromalacia and arthritis are found to be related to his military service, while the neck and back disabilities are not.

The Veteran's appeals on reopening claims for low back, right knee, and psychiatric disabilities were dismissed due to his withdrawal of the appeal.

The Veteran's service-connected ACL deficiency of the right knee, postoperative reconstruction is manifested by flexion to at worst no less than 60 degrees with pain beginning at 40 degrees; extension to no worse than 0 degrees. The Board finds that the resulting examination reports are adequate for the purpose of determining entitlement to an increased rating for his service-connected disabilities.

The Board has determined that the Veteran does not have a current diagnosis related to his right knee and there is no evidence of in-service noise exposure. The Veteran's bilateral hearing loss was first noted many years after service, and the VA examiner opined it less likely than not caused by or a result of military noise exposure. Therefore, service connection for both conditions is denied.

The Board has granted service connection for left shoulder labral tear, lumbar facet arthritis, and left knee arthritis. The Veteran's head injury residuals claim is denied.

The Board denied increased ratings for cervical spine mechanical strain, lumbosacral spine mechanical strain, left knee patellofemoral pain syndrome with musculoligamentous strain, right knee patellofemoral pain syndrome with musculoligamentous strain, and right shoulder tendonitis and bursitis. The Veteran's claim for service connection for a psychiatric disorder was denied as final due to lack of appeal within one year of notification.

The Board has determined that the Veteran's current bilateral hearing loss and left knee disability are not related to his military service, as evidenced by VA medical opinions. The claims for these conditions have been denied.

The Veteran's appeal is being remanded due to the need for additional medical records and further development. The issue of nonservice-connected VA disability pension remains pending.

The Board has remanded the case due to inadequate VA examinations in determining the severity of the Veteran's left knee disability. The Veteran is required to undergo another VA examination.

The Veteran's service-connected disabilities do not meet the schedular criteria for a TDIU, but his case is evaluated on an extraschedular basis due to unemployability caused by his service-connected conditions.

The Veteran's service-connected degenerative joint disease of the right and left knees have been rated at 10 percent each, but are now granted a higher rating of 30 percent for each knee.,Additionally, the Veteran is granted TDIU due to his service-connected disabilities.

The Veteran's appeal is remanded for additional development, including a new VA examination to assess the severity of his lumbar spine disability and opinions regarding service connection for bilateral knee disabilities.

The Board has denied the Veteran's claims for service connection for sickle cell anemia, bilateral hearing loss, tinnitus, a left knee disorder, and COPD. The evidence received since the April 1978 rating decision does not provide new and material evidence to reopen any of these claims.