Knee decisions — 2015

The Veteran's claim for recognition of his daughter, N. L., as the helpless child on the basis of permanent incapacity for self-support prior to her age of 18 was denied due to lack of entitlement under the law. The claims for increased ratings for right knee degenerative joint disease, right knee instability, and residuals of coccyx removal were also denied.

The Veteran's service-connected left femur stress fracture and right medial condyle stress fracture residuals are associated with his bilateral hip and knee symptoms. The Board found that the Veteran has a qualifying chronic disability characterized by upper and lower back pain with radiation into the lower extremities, which is presumed to be related to active duty in the Southwest Asia theater of operations during the Persian Gulf War.

The Veteran's appeal is being remanded for a hearing at a local VA office or by videoconference, depending on availability.

The Veteran's tinnitus was incurred during his first period of active duty service from December 2008 to January 2010.,The Veteran has a current right knee disorder and the evidence is in equipoise as to whether it was incurred in or aggravated by service.

The Veteran's left knee disability, manifested by painful motion with extension to 0 degrees and flexion to at worst 130 degrees, warrants a separate 10 percent rating for painful motion. A higher initial rating in excess of 10 percent is not warranted.

The Board has determined that the Veteran's bilateral knee disability is etiologically related to his active service, and thus grants entitlement to service connection for a bilateral knee disability. The issue of entitlement to service connection for bilateral hearing loss is REMANDED due to inadequate VA examination.

The Veteran's appeal is being remanded for additional development to obtain medical records and arrange for VA examinations to determine the nature and likely etiology of her claimed disabilities.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's left knee disability was caused by or aggravated by his service-connected right knee degenerative joint disease with instability. As a result, the claim for service connection for the left knee disability is granted.

The Board has ordered a VA examination to determine if the Veteran's service-connected lumbar spine disability caused or aggravated his right knee DJD. The TDIU claim is inextricably intertwined with this service connection issue and must be remanded for further development.

The Veteran's appeal has been withdrawn, and thus the case is dismissed.

The Veteran's knee disabilities have been denied as the evidence does not meet the criteria for a higher rating.

The Veteran's lumbosacral spine and bilateral knee disabilities have been rated at the maximum allowable under VA regulations. The August 6, 2012 rating decision granted a 40 percent rating for lumbosacral spine degenerative disc disease and stenosis effective from that date.

The Veteran's claims for service connection for a back condition and left knee condition are being remanded due to the need for additional development, including obtaining medical records and providing the Veteran with an examination.

The Veteran's left knee DJD is found to be aggravated by the service-connected right knee disability, warranting service connection on a secondary basis. The issue of an increased rating for the right knee disability is remanded.

The Board found that the Veteran's bilateral knee disability was not incurred in or aggravated by service and arthritis is not presumed to have been incurred therein.

The Board has granted service connection for the Veteran's right knee disability, but severed it from his active duty. The claim of entitlement to an initial compensable rating for a right knee disability is addressed in the REMAND portion.

The Veteran's initial claim for higher ratings for his left knee osteoarthritis and instability was granted. He is now rated at 30% overall for these conditions.,He also received a separate rating of 20% for his left knee instability, effective October 9, 2012. His TDIU claim remains pending.

The Veteran's bilateral knee and right shoulder disabilities are not related to service.,His pes planus manifests with painful motion, pain on use, but no swelling or callosities. He is currently rated at a 10% for this condition.

The Veteran's appeal is being remanded for additional development, including new VA examinations to assess the severity of his service-connected bilateral pes planus and knee disabilities. The case will be reconsidered after this development.

The Board has remanded the Veteran's claims for further development, including affording her with VA examinations to determine the nature and etiology of any current right shoulder disability, frostbite residuals of the nipples and toes, bowel disability, and left knee, ankle, and right ankle disabilities. The Veteran is also requested to be afforded another opportunity to appear for an examination to determine the etiology of any current right shoulder disorder.