Knee decisions — 2016

The Veteran's lumbar spine degenerative joint disease was granted an initial 10 percent rating prior to April 15, 2010. The issue of whether a higher rating is warranted for the entire appeal period remains pending and will be remanded.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for right and left knee disabilities. After review of the evidence, including a June 2016 private medical opinion linking current knee conditions to in-service injuries during active duty, the Board finds that service connection is warranted.

The Board has remanded the Veteran's claims for additional development due to incomplete medical records and the need for further examinations.

The Board has granted service connection for bilateral hearing loss and denied service connection for right knee disability. Bilateral hearing loss is found to be related to military noise exposure, while the right knee disability is not shown to be related to service.

The Veteran's appeal is being remanded for a new VA examination to assess the extent of his left knee disability prior to October 14, 2010. The issue remains on appeal regarding an increased evaluation for left knee chondromalacia.

The Board denied the Veteran's claims for service connection for a bilateral knee disorder and a back disorder, finding that there was no evidence of in-service injury or disease. The Board also found that any current disabilities were not proximately due to or aggravated by a service-connected disability.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled hearing. The case will be returned to the Board after appropriate action has been taken.

The Veteran's scars have not been found to be unstable or painful, and thus do not meet the criteria for a compensable rating under Diagnostic Code 7804. As such, an initial compensable rating is denied.

The Board has determined that the Veteran's right knee instability is no more than slight, with subjective complaints of instability but objective findings showing inhibition of quadriceps muscle without true ligamentous instability.

The Board has remanded the case for additional development, including obtaining relevant medical records and providing a new VA examination to address the issues raised by the appeal.

The Veteran's initial claim for a higher evaluation for his right knee degenerative arthritis was granted, and he is currently receiving a 10 percent evaluation effective from December 18, 2006. The appeal is about the evaluation on or after that date.

The Board has remanded the Veteran's claims for additional development, including obtaining VA treatment records and scheduling a new examination. The claims will be reconsidered after these actions are completed.

The Board denied service connection for various conditions, including a left wrist disorder, left hip disorder, low back disorder, right arm and wrist disorder, varicose veins, surgical scars of the right leg, right leg disorder, and right knee disorder. The Veteran's claims were not supported by sufficient evidence to establish an in-service injury or disease.

The Veteran's right knee degenerative joint disease is rated at 40 percent, which is the maximum schedular rating available. The Board finds that his symptoms are reasonably contemplated by the current ratings and do not warrant an extraschedular evaluation. Additionally, the evidence does not show he is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Veteran's appeal is being remanded for additional development, including scheduling a hearing and issuing a statement of the case on increased rating and earlier effective date issues.

The Veteran's headache disorder is found to be proximately due to or the result of his service-connected tinnitus. The Board has granted service connection for this condition.

The Veteran's bilateral knee strains and stress fractures of the heels have been granted service connection, with a 10 percent disability rating for each foot. The right knee strain is rated at 10 percent since discharge from service, while left knee strain remains noncompensable. Stress fractures of both heels are currently rated as 10 percent disabling prior to December 8, 2009 and the Veteran has not required assistive devices.

The Veteran's claims for increased ratings of his lumbar degenerative disc disease, left knee disability, and right knee disability were denied as the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board has determined that additional VAMC records from March 2000 to March 2007 and from August 2008 to the present should be requested, as well as VA medical examination for joints and spine. The Veteran's claims are remanded for these actions.

The Veteran's obstructive sleep apnea was found to be related to service, with the Board finding that his symptoms began in service and continued after service.,Service connection for benign prostate hypertrophy is granted as there is a nexus between the condition and service.