Knee decisions — 2016

The Veteran's initial ratings for his lumbar spine and right knee disabilities were denied. The Board found that the evidence did not support a higher rating based on limitation of motion or neurological manifestations.

The Board denied the Veteran's claims of entitlement to service connection for a bilateral hip disability, bilateral knee disability, and lumbar spine disability. The Board also denied the Veteran's claim of entitlement to service connection for neck disability on the basis that there was no evidence of chronicity in service or at any time since service.

The Veteran's request for a waiver of overpayment of VA disability compensation benefits, in the amount of $1072.17, was denied due to fault on his part and lack of undue hardship.

The Board has determined that the Veteran's bilateral knee disability, including degenerative arthritis, is not related to his active duty service and therefore denied his claim for service connection.

The Board has determined that the Veteran's low back and bilateral knee disabilities are service-connected. However, the reduction of his rating for bilateral hearing loss from 10% to noncompensable was improper due to insufficient consideration of pertinent laws and regulations.

The Veteran withdrew his appeals for service connection for bilateral hearing loss and bilateral shin splints prior to the Board's decision.

The Veteran's appeal is remanded due to the need for a new VA examination to assess the current severity of his service-connected headache disability and its impact on his ability to secure and follow substantially gainful employment. The case will be further adjudicated after this additional development.

The Veteran's residual disability, to include below the knee amputation of the right lower extremity, was not caused by VA carelessness, negligence, or error in judgment. The event that resulted in his additional disability (the surgery) was not reasonably foreseeable.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to assess the severity of his service-connected disabilities.

The Board has remanded the case for further development, including scheduling a video conference hearing before a Veterans Law Judge.

The Veteran seeks service connection for degenerative arthritis of the right knee, which he claims is secondary to his service-connected left knee disability and lumbar strain. The case has been remanded due to the need for a medical opinion regarding whether these conditions aggravate each other.

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

The Board has determined that the VA examination is inadequate and requires a new one to assess the Veteran's left knee disability. The issues of service connection for any current left knee disability, including patellofemoral degenerative changes and an overuse disorder, are now pending.

The Board has determined that the Veteran's current degenerative joint disease of the right knee is due to or aggravated by his military service, and thus grants service connection for this condition.

The Board has decided to remand the Veteran's claim for a bilateral knee disability due to incomplete opinions from the VA examiner regarding the nature and etiology of any current bilateral knee disability, including an assessment as to whether any current disability is etiologically related to service. The case will be returned to the AOJ for further development.

The Veteran's claims for higher evaluations for chronic hepatitis C, early cirrhosis of the liver associated with hepatitis C, and left knee chondromalacia were denied. The criteria for increased ratings were not met.

The Board has granted service connection for diabetes mellitus type II based on exposure to herbicide agents during the Vietnam era. The Veteran's left knee condition is remanded for further examination and opinion.

The Board found that there is no evidence of a chronic right knee disability in service and denied the claim for service connection. For tinnitus, the Veteran failed to report for a scheduled VA examination and there was no medical opinion linking it to service.

The Veteran's left knee disability, including arthritis and instability, is currently rated at the maximum allowable under current rating criteria. The Board finds no basis to grant higher ratings for these conditions.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling VA examinations to assess the severity of his hearing loss, right knee strain, and lumbar spine strain.