Knee decisions — 2015

The Veteran's claim for a rating in excess of 10 percent for his right knee disability, effective prior to April 20, 2015, was denied. The Board found that the available schedular criteria adequately reflected the severity of his symptoms.

The Board has determined that the Veteran's left knee disability and associated scars are not service-connected, as there is no clear and unmistakable evidence of a pre-existing condition. The claims for migraines, restless leg syndrome, and right lower extremity saphenous nerve injury have also been denied.

The Board has decided the case is not clear on whether service connection can be granted for the Veteran's bilateral lower extremity disability, including as secondary to his service-connected diabetes mellitus. The decision is remanded due to insufficient detail in the VA examination and need for further development.

The Board has remanded the Veteran's claims for service connection and increased evaluations of his hip and knee disabilities due to outstanding VA treatment records, potential extraschedular referral under Johnson v. McDonald, and need for a new VA examination.

The Board found that the Veteran's left knee disability is not related to his service and denied his claim for service connection.

The Board denied the Veteran's claims of entitlement to service connection for right and left knee degenerative joint disease with total knee arthroplasty, upper back disability, bilateral hand condition, left thumb metacarpal joint arthrosis, and chronic headaches. The Board found that there was no evidence linking these conditions to her active military service.

The Veteran's appeal is being remanded due to the need for additional development regarding his claims for compensation under 38 U.S.C. § 1151, special monthly compensation (SMC), and total disability rating based upon individual unemployability (TDIU).

The Board has determined that the Veteran withdrew his appeals for the issues of entitlement to an initial compensable rating for left (minor) index finger injury and bilateral PF. The claims for service connection for residuals of allergic reaction to INH therapy, TB, and DVT have been denied as there are no current residuals or evidence of a disease in service.

The Veteran's appeal is being remanded for further development to determine the nature and etiology of his claimed lumbar spine, neck, bilateral knee disabilities, and left ankle disability.

The Veteran's right knee disability is being remanded for further examination and consideration due to the need for a VA examination to determine if it is related to his service-connected left lower extremity fracture.

The Veteran's appeal is being remanded to the AOJ for additional development, including obtaining SSA records and affording the Veteran an opportunity to provide additional evidence. The claims will be adjudicated in light of all pertinent evidence.

The Veteran's claims for increased ratings for post-operative degenerative joint disease of the right and left knees are being remanded due to incomplete treatment records.

The Board has determined that new and material evidence has not been received to reopen the claim for service connection for a right knee disability, resulting in a denial of the Veteran's appeal.

The Veteran does not have a diagnosed bilateral hearing loss disability for VA purposes.,The Veteran's tinnitus is at least as likely as not caused by acoustic trauma sustained during his military service, including periods of INACDUTRA or ACDUTRA.

The Veteran's claims for initial compensable disability ratings for levoscoliosis of the lumbar spine and left knee strain were denied as there was no functional impairment to support a higher rating.

The Board has determined that there is no current evidence of a right or left knee disability, and thus service connection for these conditions cannot be granted.

The Board denied service connection for schizophrenia, bronchitis, and right and left knee disorders due to lack of new and material evidence.

The Board has determined that the Veteran's right and left knee disabilities did not manifest in service or within the first post-service year, and such disabilities are not etiologically related to service.

The Veteran's right knee and left femur disabilities have been granted increased ratings, while the claim for restoration of a rating for lateral instability has been upheld. The liver conditions are not service-connected.

The Veteran's appeal is being remanded for additional development, including obtaining SSA disability benefits records and VA treatment records. He will also be scheduled for examinations to assess the severity of his service-connected disabilities.