Knee decisions — 2015

The Veteran's claim for an increased rating and TDIU based on his left knee disability was denied. The Board found that the current 60 percent evaluation adequately reflects the severity of the disability, and there is no evidence to support a higher rating or TDIU.

The Board has denied all service connection claims except for the reopening of a previously denied claim for allergic rhinitis, which was reopened based on new and material evidence. The Veteran's other conditions are not currently shown to be related to his military service.

The Board found that the Veteran's pre-existing right knee injury did not increase in severity during service and concluded that his current right knee disorder is due to a workplace accident after discharge from service. The claims for liver condition, hypertension, and blood clot on lung (respiratory disorder) were also denied.

The Board has determined that the VA examinations are inadequate and remands the case for a new examination to determine if any diagnosed right knee disability is related to the Veteran's military service, including his participation in parachuting during active duty.

The Veteran's appeal is being remanded due to the cancellation of his scheduled hearing. His claims for service connection are still pending and will be addressed after a new hearing date is set.

The May 1997 and April 1998 rating decisions denied service connection for various conditions, while the July 2001 decision granted service connection for osteoporosis of the upper spine. The effective date is retroactive to December 16, 1996.

The Veteran's PTSD is rated at 50 percent, but the Board found that it does not warrant a higher rating. The claims for left knee disorder, lumbar spine disorder, and left shoulder disorder were all denied as they are not service-connected.

The Veteran's claims for higher ratings for left knee DJD and diabetes mellitus, type II were denied as the evidence did not show that his conditions warranted a disability rating in excess of those assigned.

The Board has determined that the Veteran did not have a right knee disability in service or within one year of service, and there is no evidence linking his current right knee disability to service. Therefore, the claim for accrued benefits purposes is denied.

The Veteran's claims for increased ratings and service connection were granted, with the effective date set at March 25, 2009. The decision also addressed issues related to glaucoma, right knee disorder, bilateral hip disorder, and chloracne.

The Veteran's claim for an effective date prior to January 23, 1998 for the award of a TDIU rating was granted. The Board found that the Veteran was unemployable due to his service-connected disabilities prior to this date.

The Board has granted the appellant's claim for service connection for the cause of the Veteran's death, finding that new evidence suggests a possible link to service.

The Veteran's left knee disability, including traumatic arthritis and meniscectomy, laxity of the knee, and limitation of extension, has been rated at a minimum 30 percent under Diagnostic Code 5055 for a prosthetic replacement. The rating is maintained due to chronic residuals consisting of severe painful motion or weakness in the affected extremity.

The Veteran's claim for a rating in excess of 10 percent for degenerative disc disease and degenerative joint disease of the lumbar spine was denied. The Board granted his TDIU claim based on his service-connected disabilities, which rendered him unable to obtain and retain substantially gainful employment.

The Veteran withdrew his appeal for the issue of entitlement to service connection for bilateral hearing loss. The Board dismissed this claim.

The Board denied the Veteran's claims for compensation under 38 U.S.C. § 1151 for a left hip disorder and service connection for a left knee disorder as secondary to a left hip disorder, finding no additional disability resulting from VA care or fault on VA's part. The claim of entitlement to TDIU was also denied due to the absence of any service-connected disabilities.

The Veteran's TDIU claim is being remanded for a new VA Social and Industrial Survey to consider her complete disability picture, including her service-connected conditions.

The Board has decided the appeal is not ready for final decision and has been returned to the AOJ for additional development of evidence.

The Veteran's right knee disability has been rated at 10 percent since March 2010. The VA examinations have shown limited motion and osteoarthritis, but no additional limitation of motion or instability warranting a higher rating.

The Board denied all claims on appeal, finding that new and material evidence was not submitted to reopen any of the service connection claims for PTSD, low back disability, right knee disability, fungal infection of the arms, tinnitus, or prostate cancer. The denial is based on the lack of new and material evidence.