Knee decisions — 2016

The Board has granted service connection for tinnitus. The remaining issues of entitlement to service connection for bilateral hearing loss and a right knee disability are remanded for further development.

The Veteran's service-connected lung disability is rated at 60 percent, and the Board has granted a TDIU based on his other disabilities. The issue of an increased rating remains pending.

The Veteran's claim for service connection for residuals of acute bronchitis is reconsidered and granted. The Board finds that new and material evidence has been received to reopen the claim, as a relevant service treatment record was submitted in June 1983.

The Veteran's claim for an increased rating of his right knee condition was granted, with a new and material evidence basis. The effective date is not specified.

The Veteran's right knee disability is rated at 20 percent, but the Board found no basis for a higher rating. The claims for service connection of left and bilateral hip disorders were denied.

The Veteran's left below the knee amputation (BKA) is rated as 60% disabling, effective January 11, 2007.,Hypertension is currently rated at 10%, and peripheral neuropathy of the right lower extremity is rated at 10%. The Veteran's TDIU claim has been granted.

The Veteran's initial ratings for left and right knee patella femoral syndrome, as well as his low back strain disability, have been granted at a non-compensable level (0 percent) effective July 28, 2008. The Board found that the disabilities are manifested by symptoms such as painful motion, swelling, weakened movement, flare-ups, and use of pain medication.

The Veteran's appeal is denied as his service-connected conditions are not rated higher than the current assigned ratings.

The Veteran's appeal is being remanded for further action, including scheduling a hearing. The claims of increased evaluations and effective date are pending.

The Veteran's service-connected disabilities, when combined, meet the criteria for a TDIU effective November 17, 2006.

The Veteran's appeal is being remanded to the agency of original jurisdiction (AOJ) for additional development and adjudication, including obtaining VA treatment records from March 2011 forward and any additional records received.

The Veteran's claims for service connection were denied as his claimed conditions are not related to his period of active service. The Board found that the evidence did not establish a nexus between any current disabilities and his military service.

The Veteran's appeal is being remanded to the RO due to a request for a Travel Board hearing that has not been scheduled. The case will be returned to the Board after the hearing.

The Board found that the Veteran's claimed conditions, including bilateral knee disability, sinusitis, rhinitis, and femoral radicular disability, are not service-connected due to lack of evidence linking these conditions to his military service.

The Board has determined that the Veteran's claimed conditions are not service-connected as they are not shown to be related to his active duty service.

The Board has determined that the Veteran's left knee sprain, right knee sprain, and low back strain are related to service. The claims for these disabilities have been granted.

The Board found that the Veteran's right knee disability did not have its onset during service or is otherwise related to such service, including as secondary to a service-connected left knee disability. As a result, the claim for service connection was denied.

The Veteran's right knee disability has been rated at 10 percent for the entire rating period on appeal, as it is manifested by symptoms of painful motion, swelling, weakened movement, and flare-ups. The disability does not meet or approximate criteria for a higher rating based on limitation of flexion or extension.

The Board has determined that the Veteran's service-connected conditions, including right lower extremity radiculopathy, right hip arthritis, right knee patellofemoral syndrome, and ruptured right Achilles tendon, have resulted in loss of use of his right leg. As a result, he is entitled to special monthly compensation based on anatomical loss or loss of use of one leg at a level, or with complications preventing natural knee action with prosthesis in place.

The Board has determined that there is no clear and unmistakable error in the effective date assignments for service connection, but found that there was clear and unmistakable error in the effective date assignment for the award of service connection for residual scars status post skin graft of the right leg. The Veteran's claims for increased ratings on an extra-schedular basis are denied.