Knee decisions — 2015

The Board found that the Veteran does not have residuals from a TBI and denied service connection for TBI residuals. The issues of whether new and material evidence has been received to reopen service connection for tinnitus, and service connection for an acquired psychiatric disability, GERD, right knee and left leg disabilities, and bilateral hearing loss are addressed in the REMAND portion of the decision.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and Social Security Administration (SSA) records. The case will also be reviewed to determine if the Veteran's single service-connected right knee disability alone renders him unable to secure or maintain substantially gainful employment.

The Board has determined that additional development is needed in this case, including obtaining updated VA medical records and service personnel records. The issues of service connection for a lumbar spine disability, nerve damage of the lower extremities, bilateral hearing loss, and right knee disability are being remanded pending completion of these tasks.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining treatment records and an examination of his left knee.

The Veteran's appeal for a rating in excess of 10 percent for her right knee disability was denied. The claim for temporary total evaluation based on surgical or other treatment necessitating convalescence was also denied as there is no indication that the surgery resulted in at least one month of post-operative convalescence.

The Veteran's left eye disability is not service-connected, and his right knee disability remains at a noncompensable rating.

The Board has granted service connection for left knee osteoarthritis and awarded a 10 percent rating for degenerative disc disease of the lumbar spine. The Veteran's disability ratings are based on their specific manifestations, with no separate ratings assigned for pain or neurologic abnormalities.

The Veteran's right knee disability, which includes a partial knee replacement and meniscectomy with degenerative changes, has been rated at 60 percent since June 2, 2010 due to severe painful motion.

The Veteran's service-connected left lower extremity radiculopathy has been rated as 20 percent disabling since December 3, 2014.,Prior to December 3, 2014, the Veteran was granted a 20 percent rating for degenerative disc disease with intervertebral disc displacement L4-L5. Since then, he is rated at 40 percent.,The Veteran's right knee disability has been rated as 10 percent disabling since February 9, 2009 and increased to 20 percent effective December 3, 2014. The Veteran is not entitled to a higher rating for this condition.,The Veteran's left knee laxity was initially granted a 10 percent rating from February 9, 2009. Since then, he has been rated at 10 percent.

The Veteran's claims for increased ratings for his lumbar spine, left knee, and right knee disabilities were denied by the Board of Veterans' Appeals.

The Board has determined that new and material evidence has been received to reopen the Veteran's previously denied claims for service connection for right knee and left knee disorders. However, after reviewing all available evidence, including VA examinations and private medical opinions, the Board finds that there is no competent medical evidence linking any current right or left knee disability to service. Therefore, service connection for these conditions cannot be established.

The Board denied the claims for service connection for arthritis of the right and left knees, finding no evidence or allegation that these conditions had their onset during service or are otherwise medically related to service-connected hip disabilities.

The Veteran's appeal for increased ratings and TDIU has been dismissed due to his withdrawal of the appeal with respect to these issues.

The Veteran's right knee disability is currently rated at 20 percent effective May 15, 2012. Prior to this date, the disability was rated as 10 percent.

The Board has denied the Veteran's claims to reopen his service connection claims for bilateral shoulder, knee, hip, left ankle, and lower back disorders due to a lack of new and material evidence showing a link between these conditions and either service or a service-connected disability.

The Board has determined that the Veteran's claimed disabilities are not related to service or secondary to his service-connected bilateral pes planus with hammertoe deformity.

The Veteran does not have a right knee disorder that is related to his military service and the claim for service connection is denied.

The appeal is being remanded due to the possibility of missing service records. The Veteran's National Guard service from June 1989 to September 1992 and 1995 to 1999 needs to be verified, as well as any full-time duty in the National Guard during January to August 1991.

The Board has determined that the Veteran's right and left knee disorders are related to his military service, granting his claims for service connection.

The Board has remanded the case for additional development, including obtaining SSA records and a VA examination to determine if the Veteran's current right knee disability is related to his service in 1982.