Knee decisions — 2015

The Board has remanded the case for additional development, including obtaining missing service treatment records and Reserve service records. The Veteran's left knee disability is also to be evaluated in light of her entire service history.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his fractured left fifth metatarsal and to determine if his current left knee disability is related to service or his right knee disability.

The Board denied the Veteran's claim for an effective date earlier than February 17, 1999 for the award of SMC at a higher rate under 38 U.S.C.A. § 1114(m) based on loss of use of his left arm and one leg.

The Veteran's claims for increased ratings for bilateral knee disabilities were denied. The knees are rated based on limitation of motion and the presence of pain.

The Board has determined that arthritis of the right knee had its onset during service and is therefore granted service connection.

The Board has determined that the Veteran does not have a current diagnosis of COPD, left arm pain and numbness, sinusitis, or left knee condition. Therefore, service connection for these conditions is denied.

The Veteran's claims for service connection for bilateral ankle disorder, bilateral knee disorder, and hypertension have been denied. The Board found no indication that the Veteran's current conditions are related to his military service or a service-connected disability.

The Veteran's left knee disability, including arthritis and residuals of meniscectomy and ACL reconstruction, was incurred during his period of honorable service from September 1980 to May 1985.

The Veteran's pre-existing bilateral pes planus was aggravated by service, and the Board finds that he is entitled to service connection for this condition. The Veteran withdrew his appeal regarding the other issues.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current disabilities are at least as likely as not related to his in-service noise exposure. The claims for residuals of a right forearm shrapnel wound and bilateral knee injury have been remanded.

The Board found that the Veteran's low back, left knee, and right knee disabilities did not have their onset in service or within one year of discharge. The VA examiners provided opinions against the claims for service connection.

The Veteran's tinnitus had its onset during service and is related to in-service noise exposure. The Board finds that the Veteran has a current psychiatric disorder, including PTSD, depression, and anxiety, which likely had its onset during service. The right and left knee disabilities are not established as having their onset during service.

The Veteran's right and left knee disabilities were rated at 10 percent prior to September 23, 2010. From that date forward, the Veteran was granted a combined rating of 20 percent for both knees.

The Board has determined that the Veteran's right knee disability is not caused or aggravated by his service-connected left knee and back disabilities.

The Board has remanded the Veteran's claims for further development, including obtaining VA treatment records and referring his TDIU claim to the VA's Director of Compensation Service.

The Veteran's increased ratings for right knee disability were denied, and service connection for gouty arthritis of hands and fingers was not granted.

The Veteran's left knee disability is currently rated at 40 percent, and his lumbar spine disability is rated at 20 percent. The Board finds that the evidence does not support a higher rating for either condition.

The Veteran's service-connected right knee disability is rated at 10 percent prior to June 1, 2011. The Board has granted a TDIU from May 1, 2009 and remanded the issues of entitlement to an increased rating for the right knee disability prior to June 1, 2011 and entitlement to a TDIU prior to May 1, 2009.

The Veteran's hypertension was not shown to have begun during or within one year after her service, and there is no evidence of a nexus between the condition and service. The Board finds that service connection for hypertension cannot be granted.,The Veteran's right knee disorder has been rated as 10% disabling under DC 5260 due to limitation of flexion. However, the VA examiner found no evidence of instability or dislocation, and the Veteran's range of motion was consistently well beyond what would warrant a higher rating.

The Veteran's appeal is being remanded for additional development to address the service connection claims and rating issue. The right knee disorder claim will be addressed with a new VA examination, while other issues may require further clarification or evidence.