Knee decisions — 2016

The Veteran withdrew his appeal regarding the claim of service connection for a left knee condition.

The Veteran's right knee disability is currently rated at 20 percent disabling under Diagnostic Code 5257. The Board finds that a higher rating is not warranted, and a separate 10 percent rating for limitation of flexion from May 20, 2009, to June 13, 2014 is granted.

The Board denied the Veteran's claims for service connection for bilateral hearing loss and initial disability ratings in excess of 60 percent for left knee degenerative joint disease status post total knee replacement, finding no evidence to support a nexus between his current disabilities and his active military service. The Veteran's scars were also not found to warrant an increased rating.

The Board has determined that the character of the Veteran's discharge from service is not a bar to receiving VA benefits, and thus he qualifies as a 'veteran' for purposes of VA benefits.

The Board has determined that the Veteran's right knee, left knee, diabetes mellitus, and eye disability are not service-connected as they were not incurred or aggravated during his military service.

The Board has granted service connection for right and left forearm conditions, as well as an increased rating for the Veteran's left knee disability. The Veteran now receives a 10 percent evaluation for his left knee condition.

The Board found that the Veteran's service-connected disabilities did not cause or contribute substantially to his death, and that the medication he was taking for these conditions did not play a significant role in causing his kidney failure.

The Board found that the Veteran's right ankle strain, degenerative joint disease with meniscal tear of the right knee, right hip strain, and facet arthrosis at L5-S1 of the lumbar spine are not proximately due to or aggravated by his service-connected right foot plantar wart/callus.

The Board has determined that the Veteran's claimed low back, cervical spine, and left knee disabilities are not related to service. The evidence does not show chronic or continuous symptoms of these conditions during active duty or within one year after separation from service.

The Board denied the Veteran's claims for increased ratings for her scoliosis of the lumbosacral spine, right hip strain, left hip strain, and left knee strain. The evidence did not show that any of these conditions warranted a higher rating under VA regulations.

The Board has determined that the Veteran's current left knee and left ankle disorders are not service-connected, as there is no evidence of chronic conditions during or within one year after service. The fall in 2009 is considered to be a non-service-related incident.

The Veteran's claims for service connection for bilateral hearing loss, carpal tunnel syndrome, arthritis of the wrists, elbows, and knees, and hemorrhoids have been denied as there is no evidence of current disabilities or in-service events that could be related to these conditions.

The Veteran's service-connected disabilities preclude him from securing or following substantially gainful employment consistent with his education and industrial background, meeting the criteria for a TDIU rating.

The Veteran's right knee osteochondritis with arthritis is currently rated at 20 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Board has remanded the case due to the Veteran's failure to report for a VA examination, and requests that he be allowed to attend another examination. The claim will be reconsidered after the examination.

The Board has granted service connection for right knee arthritis and a separate rating of 10 percent for costochondritis. The Veteran's claim to service connect his thyroid disability, left eye disability, back disability, and chronic headaches is addressed in a separate decision.

The Board has granted service connection for tinnitus, and the issues of service connection for bilateral hearing loss, low back disorder, right ankle disorder, left ankle disorder, left shoulder disorder, and bilateral knee disorders are addressed in the REMAND portion of this decision.

The Veteran's left knee instability and lumbar spine DJD are currently rated at 20 percent, with no additional ratings for the conditions.

The Veteran's left knee disability is currently rated at 10 percent, and his recurrent subluxation/lateral instability of the left knee warrants a separate 10 percent rating. The initial evaluation for hepatitis B (HBV) remains at 10 percent.

The Board has determined that further development is needed before the claims of whether new and material evidence has been received to reopen the claim of entitlement to service connection for a right knee disorder, and entitlement to service connection for migraine headaches are addressed. The Veteran's irritable bowel syndrome rating remains at 10 percent.