Knee decisions — 2016

The Veteran is seeking service connection for a right knee disability, including as secondary to his service-connected DJD of the left knee. The Board has determined that additional development is needed and remands the case back to the RO for further action.

The Veteran withdrew from appeal the claims for service connection for COPD and chronic bronchitis during a Board hearing.

The Board has granted service connection for the Veteran's residuals of a right knee injury, tinnitus, and cervical spine disability. The claim for migraines is denied as there is no evidence linking them to active service.

The Board has determined that additional development is needed to determine if the Veteran had any prior ACDUTRA and/or INACDUTRA, to include whether he participated as a Senior ROTC candidate. The AOJ must also request records from SSA and VA medical facilities.

The Veteran's combined disability rating is 70 percent, which meets the criteria for TDIU based on his service-connected disabilities. However, the evidence does not support a finding that he is unemployable due to these conditions.

The Veteran's service-connected right knee disability has been rated at 10 percent since May 4, 2015. The RO denied an initial rating in excess of 10 percent for the right knee disability and a separate rating in excess of 20 percent for the right knee disability with subluxation.

The Veteran's appeal is being remanded for additional development and consideration of the November 2015 VA examination reports in the first instance. If benefits remain denied, a supplemental statement of the case will be provided.

The Board found that the Veteran's current left knee disability is not related to his in-service injury and denied service connection for tinnitus due to lack of evidence linking it to service.

The Veteran's appeal is being remanded for additional development, including updated employment and educational history, VA treatment records, and a comprehensive examination to determine the severity of her service-connected disabilities and their impact on her employability.

The Veteran's claims for an increased evaluation for his right knee disability and TDIU are being remanded due to the need for additional medical examination and development of records.

The Board found that the Veteran's bilateral knee disorder is not related to his military service, but granted service connection for tinnitus as it was likely caused by in-service noise exposure.

The Veteran's left knee disability was characterized by removal of semilunar cartilage, at least 10 degrees extension with pain, and at least 92 degrees flexion with pain prior to March 4, 2013. From May 1, 2014, the criteria for a higher rating were not met.

The Board found that the Veteran's current left knee disability was not incurred in or related to active service, and thus denied his claim for service connection.

The Board has remanded the Veteran's claims for further development, including obtaining his service records and addressing his right knee disability claim. The Veteran is responsible for providing any missing treatment records from Birmingham Sports Medicine.

The Veteran's appeal is being remanded for further development, including a VA examination to assess the likelihood of aggravation of his pre-existing left hip disability during service and for any necessary secondary service connection determinations.

The Veteran's death was not caused by his service-connected conditions, and the appellant B.A.P.S. could not be recognized as the surviving spouse due to her prior legal marriage to the Veteran.

The Board found that the Veteran's left knee disability, manifested by normal extension and flexion with no lateral instability or ankylosis, does not warrant a rating higher than 30 percent since October 1, 2013.

The Board has remanded the case for further development, including obtaining private treatment records and providing a medical opinion regarding whether the Veteran's service-connected conditions have caused or aggravated his gouty arthritis.

The Board has determined that the current 30 percent evaluation adequately reflects the Veteran's left knee disability during the relevant period, and thus denied his claim for an initial rating in excess of 30 percent since October 1, 2011, for a left total knee arthroplasty.

The Board has remanded the Veteran's claims for service connection and TDIU due to inadequate rationale in a previous opinion regarding aggravation of his right knee disorder by his service-connected left knee disability. The case is now pending further development.