Knee decisions — 2015

The Veteran's appeal was denied for a higher rating for his right knee disability, and the claim for compensation under 38 U.S.C.A. § 1151 was also denied.

The Veteran's appeal is denied as his left knee disability did not meet the criteria for a rating in excess of 10 percent prior to September 3, 2008, and he was already assigned the maximum rating (100%) following surgery. From November 1, 2009 to December 16, 2009, his disability resulted in chronic residuals with severe painful motion or weakness, warranting a 60% rating. After that period, no higher ratings are warranted.

The Veteran's appeal is being remanded for additional development, including obtaining service treatment records and scheduling a VA audiological examination.

The Veteran's claim for service connection for arthritis of the left knee has been reopened and granted. The Board finds that his arthritis became manifest to a degree of at least 10 percent within one year from the date of separation from service, meeting the criteria for presumptive service connection under VA regulations.

The Veteran's claims for service connection for a right knee disability and dental disability for compensation purposes were denied. The Veteran also had his TDIU claim remanded due to the need for additional development.

The Veteran's appeals have been dismissed as he has withdrawn his appeal.

The Board has remanded the case for additional development due to incomplete evidence and need for VA examinations.

The Veteran's appeal is being remanded for a Board hearing at the RO. The initial 10 percent rating for left knee disability remains unchanged.

The Veteran's non-service-connected disabilities are of sufficient severity to permanently preclude him from engaging in substantially gainful employment consistent with his age, education, and occupational experience. The Board finds that the criteria for a permanent and total disability rating are met, granting non-service-connected disability pension benefits.

The Board has determined that the Veteran's bilateral hip and knee disabilities are related to her active duty service, including her duties as a jump instructor. The claims for service connection have been granted.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Veteran's bilateral severe sciatic nerve radiculopathy of the lower extremities is secondary to his service-connected lumbar scoliosis with degenerative disc disease at L5-S1 and lateral listhesis at L3-L4.

The Veteran's appeal is being remanded due to the need for additional medical records and a new VA examination to assess the current severity of his service-connected left and right knee disabilities.

The Veteran's left knee disorder, bilateral hearing loss, and tinnitus are all determined to be related to his military service.

The Veteran's appeal is being remanded to obtain additional VA medical records and for a new VA examination. The case will be reconsidered after the requested development.

The Board has remanded the Veteran's claims for additional development due to deficiencies in the September 2012 VA orthopedic and psychiatric examinations.

The Veteran's left knee disability, characterized by painful motion and instability but without compensable limitation of flexion or extension, ankylosis, impairment of tibia and fibula, or genu recurvatum, did not meet the criteria for a rating in excess of 30 percent prior to June 16, 2010.

The Board has granted an initial rating of 10 percent for the Veteran's left knee DJD with exostosis, status post arthroscopic medial meniscectomy, effective February 1, 2009.

The Board found that the appellant's character of discharge was due to a general court martial conviction for offenses committed in 1975, and as such, his service is considered under conditions other than honorable. The appellant argued he was insane at the time of these offenses, but the VA determined this argument did not meet the criteria for insanity as defined by VA regulations.

The Board has remanded the case for further development, including obtaining medical records and scheduling a VA examination to determine if the Veteran has any current residuals of the post-operative ACL tear and whether that condition was permanently worsened during service.