Knee decisions — 2016

The Veteran's claims for increased ratings for his right knee disability have been denied. The RO found that the evidence did not meet the criteria for a higher evaluation during any of the periods under consideration.

The Board granted a 20 percent rating for the lumbar spine strain from April 3, 2009 to February 23, 2012 and reduced it to 10 percent from August 14, 2013. The Veteran's PTSD appeal was withdrawn at the hearing. No TDIU was granted.

The Veteran's appeal was not timely filed, and therefore the September 2008 rating decision denying service connection for bilateral knee disabilities and assigning an initial 30 percent evaluation for PTSD is maintained.

The Board has determined that the Veteran's low back disorder is related to service and grants entitlement to service connection for this condition. The remaining claims for right shoulder, right knee, left knee, and bilateral foot disorders are remanded for further development.

The Veteran's claim for service connection of bilateral hearing loss disability has been reopened and is now considered. The VA audiological examination report shows that the Veteran currently has a diagnosed hearing loss disability, which was not present during service or within one year of separation.

The Board denied the Veteran's claims for increased ratings for his bilateral knee disabilities and service connection for pancreas failure, renal failure (including as due to diabetes mellitus, type 2), hypertension (including as due to diabetes mellitus, type 2), and diabetes mellitus, type 2. The TDIU claim was also denied.

The Board has determined that the Veteran does not have a current diagnosis of chronic bronchitis and therefore, service connection for this condition is denied. The Veteran's bilateral plantar fasciitis and left knee disability are currently rated as 10% each under DCs 5276 and 5284 respectively.

The Veteran's right and left knee disabilities have been rated as 10 percent disabling since June 7, 2002. The ratings are based on limitation of motion due to arthritis.

The Board has determined that the Veteran's right knee disability is not caused or aggravated by his service-connected left ankle disability, and therefore denied the claim for service connection.

The Board finds that the Veteran's current left knee disability was not incurred during her basic training period of ACDUTRA, and thus service connection is denied.

The Board has determined that the Veteran's right and left knee disabilities were not incurred in or caused by his period of active service, and therefore denied both claims.

The Veteran's appeal for increased initial evaluations for bilateral knee disabilities is being remanded to obtain additional VA and private treatment records, conduct a supplemental medical opinion, and readjudicate the claims.

The Veteran's appeal is remanded to determine if he is entitled to a separate compensable evaluation for right knee cartilage impairment, status post meniscectomy, in addition to the existing ratings for instability and arthritis.

The Veteran's right knee disabilities have been rated based on their current symptoms and functional effects, with no higher ratings being granted due to the lack of compensable functional loss.

The Board denied the Veteran's claims for increased initial disability rating for hemorrhoids and remanded the issues of service connection for bilateral knee disability and neck disability. The appeal is not about service connection at all.

The Veteran's appeal is remanded for a new VA examination to assess his ability to function in most employment settings due to his service-connected disabilities, and for further development of the record.

The Veteran's service-connected disabilities are sufficient to render him unemployable without regard to his advancing age or the presence of any nonservice-connected disorders. The Board grants a TDIU.

The Board has remanded the case for further development due to inadequate rationale in the VA examination opinions and failure to consider the Veteran's statements and those of fellow service members.

The Veteran's appeal is being remanded for further action, including scheduling a videoconference hearing before the Board of Veterans' Appeals.

The Veteran's appeal is remanded for additional development, including obtaining recent VA treatment records and scheduling a comprehensive orthopedic examination to assess the severity of his service-connected left knee disabilities. The case will be re-adjudicated following these actions.