Knee decisions — 2015

The Board has determined that the Veteran's right and left hip disabilities are service-connected, with the right knee disability being secondary to his service-connected left hip disability.

The Board has determined that the Veteran's right knee chondromalacia and DJD are related to his service-connected left femur fracture with scars and knee disability.,However, the Board finds insufficient evidence to support a finding of secondary service connection for the Veteran's left hip DJD.

The Veteran's appeal is being remanded for additional development, including obtaining medical opinions and scheduling VA examinations to evaluate his bilateral knee disorders and left ear hearing loss.

The Veteran's claims for increased ratings have been denied as there is no current hearing loss disability and the maximum schedular rating available for tinnitus is 10 percent.

The Board has remanded the case due to new evidence submitted by the Veteran and the need for a new examination. The issues include service connection for knee disorders as secondary to a back disorder, an increased evaluation for a low back disorder, and an initial increased evaluation for radiculopathy of the left lower extremity.

The Board has determined that additional development is needed before the case can be properly adjudicated, including obtaining VA treatment records and a new examination to clarify the nature and etiology of any back disability and bilateral knee disability.

The Veteran's service-connected depression is granted, and his lumbar degenerative disc disease is rated at 40 percent since September 9, 2009. His right knee patellar tendonitis remains at a 10 percent rating, while his hypertension continues to be rated at 10 percent.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and providing a new VA medical opinion regarding the relationship between his service-connected left knee disability and right knee and back disabilities.

The Veteran's claim for increased ratings for his right knee disability is being remanded due to the need for a new examination following his total right knee replacement.

The Board has remanded the case for additional development, including obtaining VA treatment records and providing the Veteran with a new VA examination to determine the nature and etiology of any current right and/or left knee disabilities. The Veteran's service-connected tendinopathy of the small digit of the left hand will also be examined.

The Veteran's claims to reopen service connection for PTSD, residuals of a head injury, right knee disorder, left knee disorder, bilateral hearing loss, and tinnitus have been granted.,The Veteran is now entitled to service connection for these conditions.

The Board has granted service connection for the Veteran's current right knee condition, to include a right knee strain, as it is related to his combat service. The appeal seeking service connection for a right shoulder condition was dismissed due to the Veteran withdrawing his appeal.

The Veteran's appeal for service connection for sleep apnea was withdrawn at his October 2014 hearing. The right and left knee increased rating claims are being remanded for initial RO review of the newly-obtained medical evidence.

The Veteran's right knee disability, characterized by arthritis and instability, is rated at 20 percent under the criteria for osteoarthritic changes of the knee. A separate 10 percent rating is assigned for instability. The effective date for service connection of a left knee disability remains September 20, 2011.

The Veteran's initial claim for service connection for left knee instability and degenerative joint disease was granted in October 2009, with an effective date of January 30, 2009. The Veteran is currently receiving a 20 percent rating for his left knee disabilities.

The Veteran does not have a current diagnosis of a chronic right knee disability and the preponderance of evidence is against finding in favor of service connection for his claimed condition.

The Veteran's right knee disability was rated at 10 percent prior to May 6, 2014 for degenerative changes and granted a separate 10 percent rating for symptomatic removal of semilunar cartilage. From June 30, 2015, the Veteran is entitled to a compensable rating for right knee replacement, but his claim was denied.

The Veteran's right knee disability was initially rated as noncompensable prior to June 29, 2012 and subsequently granted a 10 percent rating effective from that date.,Service connection for respiratory disability (asthma) has not been established.

The Veteran's service-connected left knee disability is found to have contributed substantially and materially to his death from complications of a right hip fracture, which was caused by a fall due to the Veteran's well-documented history of instability in the left knee. The Board finds that this condition played a substantial role in causing or contributing to the Veteran's death.

The Veteran's claims for increased ratings prior to October 5, 2009 were denied as the evidence did not show ankylosis or marked limitation of motion in either foot.