Knee decisions — 2015

The Veteran's claims for service connection have been reopened, but additional evidence is needed to determine if there are any connections between his current disabilities and his military service. The Veteran needs to provide more information about specific incidents in service that may be relevant.

The Veteran's initial ratings for his left ankle, right knee, and left knee disabilities have been granted at 10 percent each. The rating has not changed since the initial grant of service connection.

The Veteran withdrew his appeal for increased ratings and TDIU prior to August 12, 2011. The hearing on appeal was held in April 2014.

The Veteran's service-connected bilateral knee disabilities require the use of prosthetic appliances (knee braces) that tend to wear out or tear his clothing, and he has been awarded a clothing allowance for prior years. The Board grants the claim for 2012 based on continuous use of the knee braces.

The Board has remanded the case for further development, including verifying active duty periods and obtaining VA examination opinions regarding the Veteran's right knee and ankle disabilities. The claims of service connection for hearing loss and tinnitus have also been recharacterized as new issues due to a recent denial.

The Veteran's right knee strain is manifested by pain, incoordination, disturbance of locomotion, slight anterior instability, and range of motion from 10 degrees of extension to 90 degrees of flexion. The Board has granted a rating of 10 percent for the right knee strain under Diagnostic Code 5261 (limitation of motion) and a separate 10 percent rating for slight lateral instability under Diagnostic Code 5257.

The Board has determined that the Veteran's low back disability is at least as likely as not aggravated by his service-connected bilateral knee disabilities, resulting in a grant of service connection for this condition.

The Board found that the Veteran's current low back, left knee, and right knee disabilities are not related to his military service. The evidence does not support a finding of in-service injury or chronic disability.

The Board has determined that additional development is needed to determine if the Veteran's preexisting Multiple Sclerosis and Right Knee Disability were aggravated by his period of active duty, and to obtain a medical opinion regarding the nature and etiology of any current right knee disability.

The Board has remanded the case due to issues related to service connection for cervical spine, lumbar spine, and left knee disorders as well as an increased rating for migraine headaches. The Veteran's claims are being reviewed again with additional evidence and/or development.

The Veteran's claim for a rating in excess of 10 percent for bilateral hearing loss has been denied as the current level of disability does not warrant such an increase. The issues regarding service connection for right knee and right ankle disorders have also been denied, with the Board finding that these conditions are not secondary to his service-connected left ankle disorder.

The Board has determined that the Veteran's left shoulder and right knee disabilities are related to his service-connected right shoulder disability, with reasonable doubt resolved in favor of the Veteran. The claims for increased rating and extension of temporary total rating have been remanded.

The Board has decided to remand the case due to inadequate examination and lack of availability of post-service surgery records, requiring further development.

The Board finds that the Veteran's current left knee disability, including DJD and residuals of a right radial fracture and ulnar dislocation, is related to her in-service injuries. Therefore, service connection for these conditions has been granted.

The Veteran's appeal is being remanded due to his request for a Board videoconference hearing. The case will be forwarded to the Board for further action.

The Veteran's combined disability rating following the December 2011 rating decision was properly calculated. The assigned 40 percent combined rating effective from August 2002 reflects the correct application of the combined ratings table.

The Board has denied the Veteran's claims for service connection for right ankle, left knee, and right knee disabilities. The effective date of the award of service connection for a left ankle disability is set at November 26, 2010.

The Veteran's right knee disability was evaluated as 10 percent disabling from February 1, 2011 to March 3, 2015. The Board found that the criteria for an evaluation in excess of 10 percent were not met during this period.

The Veteran's service-connected ischemic heart disease, associated with herbicide exposure, is rated at the maximum disability evaluation (100%) effective May 10, 2012.

The Veteran's appeal is being remanded for additional development and preparation of a supplemental statement of the case (SSOC). The claim will be reconsidered, and if still denied, he will be provided with the SSOC.