Knee decisions — 2015

The Board has determined that the Veteran's appeal as to service connection for a TBI was withdrawn. The claims of entitlement to service connection for hearing loss, tinnitus, and sleep disorder were also withdrawn.

The Board has determined that there is no diagnosed disability of the left knee and thus cannot grant service connection for a left knee condition.

The Board has determined that new and material evidence has been received to reopen the previously denied claims of service connection for left knee disability (secondary to right knee) and lumbar spine disability (secondary to right knee). The appellant's testimony suggests a link between his current disabilities and his service-connected right knee, warranting further examination and consideration.

The Board has determined that a new VA examination is necessary to reassess the severity of the Veteran's service-connected right and left knee disabilities due to their possible worsening, and all relevant medical records need to be obtained.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim for service connection for a bilateral knee disability. The case is now remanded for further development, including a VA examination.

The Board denied the Veteran's claims of service connection for tuberculosis, bronchitis/a respiratory disorder other than tuberculosis, hemorrhoids, and a left knee disability. The Board found that he did not have or develop any chronic disabilities during his military service.

The Board has reopened the Veteran's claim of service connection for a right knee disability and remanded it for further development.

The Veteran's right knee disability has been rated at 0 percent since the grant of service connection, reflecting noncompensable limitation of motion and crepitus.

The Veteran's left knee disability, characterized by arthritis and instability, has been rated based on the severity of his symptoms. The current ratings for limited extension and instability have been granted.

The Board found that the Veteran's patellofemoral syndrome of the bilateral knees clearly and unmistakably existed prior to service, but was not aggravated by service. As such, the claim for service connection is denied.

The Veteran was granted compensation under 38 U.S.C.A. § 1151 for a rotator cuff tear of the left shoulder and an above-the-knee amputation of the right leg, both resulting from VA care.,Compensation is granted as the additional disability was not due to negligence or fault on the part of VA, but rather due to reasonably unforeseeable medical circumstances.

The Board granted entitlement to service connection for headaches, finding that the Veteran's current condition is at least as likely as not incurred during active duty. The Board denied service connection for a knee disorder, concluding that there was no evidence of such a disability in service or any link between the current condition and military service.

The Veteran's claim to reopen the right knee disorder and psychiatric disorder claims has been denied as new and material evidence was not received. The TDIU claim is being remanded for further development.

The Veteran's appeal is being remanded for additional development, including a VA examination to address his hypertension and right leg disability claims. The examiner will provide opinions on the nature of his service-connected disabilities and whether they are related to his in-service exposure to Agent Orange.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for his low back condition, right knee condition, and right elbow condition. The VA examiners have provided opinions supporting these claims based on the Veteran's military occupation as a cook.

The Board has determined that new and material evidence has not been presented to reopen the claim for service connection for a left knee disability. The Veteran's current left knee disability is found less likely than not incurred in or caused by service injury, as evidenced by lack of residuals from the incident in service and absence of complaints or abnormalities on VA evaluation in May 1980.

The Board has determined that the Veteran's right knee disorder is related to service and has granted service connection for this condition. The Board also found that his current right hip and low back disorders are secondary to his right knee disability, thus granting service connection for these conditions as well.

The Veteran's claim for service connection for tinnitus has been granted. The Board found that the evidence was at least in equipoise as to whether the condition was incurred in service, and thus service connection is granted.

The Veteran's appeal is being remanded for additional development, including verification of his service periods and obtaining VA treatment records. The issues of entitlement to service connection for a left knee disability, sleep apnea, and left ankle disability are also being remanded.

The Board has reopened the claim of service connection for residuals of a left knee injury, status post-anterior cruciate ligament reconstruction, partial meniscectomy, debridement, and manipulation. The Veteran's testimony regarding his in-service injuries and subsequent aggravation during periods of active duty is considered new and material evidence to reopen the claim.