Knee decisions — 2015

The Veteran's erectile dysfunction is as likely as not caused by his service-connected PTSD. The claims for higher ratings for thoracolumbar spine degenerative joint disease with spondylolisthesis, right knee arthritis, and left knee arthritis are granted.

The Board has reopened the Veteran's claim of service connection for a right shoulder disability and granted service connection for tinnitus. The claims for bilateral knee disability and bilateral hearing loss are denied.

The Veteran's right and left knee disabilities are now service-connected as they were incurred during active duty.,Service connection for the low back disability is denied due to lack of evidence linking it to service.

The Veteran's claims for service connection, increased ratings, and TDIU have been granted. The claim for DEA benefits before February 19, 2009 is pending.

The Board has determined that the Veteran's lumbar spine and left knee disabilities were not incurred or aggravated by service, as there is no evidence of chronic conditions during service or within one year after separation. The most recent onset of symptoms was noted many years post-service.

The Veteran withdrew his appeal for increased ratings for his service-connected right wrist and right knee disabilities.

The Board has granted service connection for Achilles tendonitis of the left ankle and pes anserine bursitis of the right knee, finding that these conditions are related to service.

The Veteran's bursitis of both knees has been rated at a minimum compensable level (10%) due to painful motion, with no additional conditions warranting higher ratings.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation, as his combined rating is less than the required 70% under VA regulations.

The Board found that there was no chronic left knee disability during or within one year after service, and the current condition is not related to active service. As a result, the claim for service connection for a left knee disability was denied.

The Veteran's claims for higher ratings for his knees, hip and spine disabilities were denied. The Veteran was awarded separate 10 percent ratings for degenerative arthritis of the right knee and left knee prior to August 20, 2007, but no higher rating is warranted.

The Board has granted service connection for left knee, left ankle, and left hip disabilities as secondary to the Veteran's service-connected right knee disability. The Veteran is also awarded a 30 percent rating for his bilateral pes planus.

The Board has granted a 40% rating for the Veteran's lumbar strain with IVDS effective June 24, 2009. The Veteran's radiculopathy of the right leg is also service connected as secondary to his low back disability.

The Board has determined that new and material evidence was received within the appeal period, allowing for a reopening of the claim of service connection for asbestosis. The Veteran's diabetes mellitus is presumed to be due to herbicide exposure in Vietnam. His diabetic nephropathy is also presumed to be related to his diabetes. However, there is no indication that his right knee disability is service-connected.

The Veteran's claim for a higher rating for his left knee disability is being remanded due to the need for updated medical records and an examination.

The Board has granted service connection for right hip DJD and left hip DJD with THR as secondary to the Veteran's service-connected knee, ankle, or elbow disabilities. The claims were denied due to lack of evidence supporting a direct relationship.

The Veteran's appeals have been withdrawn with respect to his claims of service connection for renal cancer and a higher rate of special monthly compensation (SMC) based on loss of use of both feet. The remaining issues are decided as follows.,New and material evidence has not been received to reopen the Veteran's claim of service connection for bilateral knee disabilities.

The Board has decided that the issue of whether new and material evidence has been received to reopen the claim for service connection for a right knee disability needs reconsideration. The Veteran's request for a hearing before a Veterans Law Judge was withdrawn, and additional medical records are needed.

The Veteran's increased ratings for right knee disability have been granted, with the effective date being November 28, 2012.

The Board has ordered additional development to address the Veteran's claims for service connection and increased ratings for his back, left knee, and right knee disabilities. The case is being remanded to allow for further examination and opinion regarding these issues.