Knee decisions — 2016

The Veteran's claims for service connection for hypertension, right knee disability, left knee disability, right leg disability, and left leg disability were denied as there is no evidence of these conditions during or within one year after his separation from active duty.

The Veteran's appeal is being remanded for further development and legal analysis, including obtaining updated VA treatment records and conducting specialized examinations to determine the nature of his current disabilities and their relationship to the February 2004 VA examination.

The Board found that the Veteran's right knee disorder did not clearly and unmistakably pre-exist service, but was less likely caused by in-service events. The claim for service connection is denied.

The Veteran's psychiatric disorder, skin disorder, right knee disorder, left knee disorder, toenail disorder, bilateral hearing loss, diabetes mellitus, hypertension, vein disorder, low back disorder, neurological disorders of the lower extremities, and eye disorder were not shown to be related to service. The Veteran did not provide any statements attributing these conditions to service.

The Veteran has withdrawn his appeals regarding all issues, including service connection for various ankle and knee disabilities, sinus disorder, left thumb sprain, lumbar strain, shoulder degenerative joint disease, and onychomycosis of bilateral feet. The appeal is dismissed.

The Veteran's service-connected disabilities meet the schedular criteria for a TDIU as of December 1, 2015. Prior to that date, his combined disability rating was not sufficient to warrant a TDIU.

The Board has restored the 10 percent disability ratings for left and right knee patellofemoral pain syndrome, effective March 1, 2011.

The Veteran's service connection claims for residuals of a head injury, right hand fracture, TMJ disorder, and right knee disability are granted. The Veteran's hypertension is also found to be related to his active duty.

The Veteran's appeal is being remanded for a new VA examination to assess the current severity of her left knee osteoarthritis, as the last examination was more than four years ago.

The Veteran's service connection claims for residuals from a right arm fracture, obstructive sleep apnea (OSA), left knee disorder, right hip disorder, headache disorder, and right upper extremity peripheral neuropathy have been granted. The decision is based on new evidence that supports reopening of these previously denied claims.

The Board has restored the Veteran's disability rating for right knee instability from 20% to noncompensable, effective November 1, 2014. The reduction was improper due to lack of full and complete examination.

The Board has granted service connection for PTSD and TBI, finding that the evidence is in equipoise as to whether these conditions are related to an in-service assault. The Veteran's other claims have been withdrawn.

The Board has determined that the Veteran's current left and right knee disabilities are not related to her military service, as there is no evidence of chronic conditions during service or within one year post-service. The claims for secondary service connection have also been denied.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his left knee disability and service connection claim for a left shoulder disability. The case will be returned to the Board after completion of these actions.

The Veteran's appeal is being remanded due to changes in his employment situation and the need for a new VA examination assessing the functional impairment caused by his service-connected disabilities.

The Veteran's claim for service connection for a left shoulder disorder was denied as he does not have a currently-diagnosed disability. His claim for bilateral knee disorder is remanded due to insufficient evidence on file.

The Veteran has withdrawn his appeal as to the issues of service connection for refractive error and for a rating in excess of 30 percent for PTSD prior to January 9, 2013, and in excess of 50 percent from the date.

The Veteran's claim for a higher rating for his total right knee replacement is being remanded due to the need for additional development, including obtaining medical records and scheduling an examination.

The Board finds that the evidence is at least in equipoise as to whether there was an improvement in the Veteran's service-connected post-operative left knee scar. Restoration of a 10 percent evaluation for this condition is granted.

The Veteran's tinnitus was found to be related to in-service acoustic trauma, and service connection is granted.