Knee decisions — 2015

The Board has determined that the Veteran's current right knee degenerative joint disease is not related to his service or a service-connected condition, and thus denied his claim for service connection.

The case is being remanded for additional development, including obtaining records from Gorgas Hospital and requesting new VA opinions regarding the Veteran's knee and back disabilities.

The Veteran's claim for reopening the right knee disability was denied as new and material evidence did not establish a causal connection between his active service and his current right knee disability. The claim for compensation under 38 U.S.C. § 1151 for gall bladder removal was also denied.

The Veteran's left shoulder disability and patellofemoral syndrome of the right knee were granted service connection, with a 10% rating for the latter prior to July 8, 2013.

The Veteran's left knee disability received an increased rating to 30 percent effective September 20, 2007. The right knee disability received an increased rating to 60 percent effective February 1, 2011.,Both knees have been rated based on the severity of their respective disabilities.

The Veteran's hypertension is found to be a chronic disability that manifested within one year of discharge from active service, meeting the criteria for service connection. The claims for asthma, left knee and left foot disabilities are remanded for further development.

The Board has withdrawn the appeal of service connection for mood disorder. The claims for new and material evidence for hearing loss and residuals of head injury have been granted, and service connection is established for bilateral hearing loss and tinnitus. Service connection is not established for left knee disability or jaw disability.

The Veteran's claims for earlier effective dates were denied as the evidence did not show that he filed a claim prior to February 10, 2010.,The Veteran's claims for increased ratings were granted with an effective date of February 10, 2010.

The Board has determined that the Veteran does not have a current disability for which service connection can be granted, specifically bilateral hearing loss and tinnitus. The claims are therefore denied.

The Veteran's right knee disability has been rated at 20 percent prior to November 30, 2012 and at 30 percent from February 1, 2014 onward. The Board finds no evidence of flexion limited to 15 degrees or less warranting a higher rating under Diagnostic Code 5260.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional VA treatment records, including those from the Richmond VA Medical Center. The AOJ will review the record and conduct any additional development deemed necessary before re-adjudicating the claims.

The Board has granted TDIU and DEA eligibility effective October 16, 2009. The Veteran's service-connected disabilities are considered to be one disability for purposes of meeting the percentage rating requirements under 38 C.F.R. § 4.16(a).

The Veteran's appeal is being remanded for additional development, including obtaining VA examinations and reviewing the claims file to ensure all relevant evidence has been considered.

The Board has determined that the appellant's character of discharge is a bar to VA benefits, and thus denied his claim for service connection.

The Veteran's appeal involves multiple service-connected disabilities, including psychiatric disability, asthma, hemorrhoids, Morton's neuroma, sinusitis, hypertension, right and left shoulder disabilities, a right knee disability, otitis media, rhinitis, costochondritis, GERD, headaches, and left testicle epididymitis. The Veteran does not have hearing loss as defined by VA regulations.

The Veteran's current left knee disability, diagnosed as patellofemoral chondromalacia status post medial meniscectomy with degenerative changes, is related to his military service and the Board has granted service connection for this condition.

The claim for service connection for left knee DJD was reopened and granted. The Veteran's low back disorder is rated at 20 percent since December 9, 2003.

The Board denied service connection for hand tremors, bilateral shoulder disability, bilateral knee disability, bilateral hip disability, and left ankle disability to include as due to undiagnosed illness or other qualifying chronic disability.

The Board denied an increased rating for left knee disability and service connection for gastrointestinal disorders. The Veteran's current gastrointestinal disorders are not related to service, and the left knee disability is currently rated at 10 percent.

The Veteran's claims for increased ratings for left knee instability and degenerative arthritis were denied as the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.