Knee decisions — 2016

The Board has granted service connection for bilateral hearing loss and denied service connection for right knee, lumbar spine, and sinus disorders. The Veteran's in-service exposure to noise is conceded, but the evidence does not establish a nexus between his current conditions and service.

The Veteran's appeal has been dismissed due to his death.

The RO reduced the disability rating for left knee degenerative joint disease from 40% to 10%, effective August 1, 2013, to April 26, 2015. The reduction was proper as there was sustained and material improvement in the Veteran's service-connected left knee condition.

The Board has determined that the Veteran does not have a current skin disorder, glaucoma, blindness, or right knee disability that is related to his service. The claims are therefore denied.

The Board has determined that the Veteran's current left and right knee disabilities are not related to service, as there is no evidence of a disease or injury in service. The VA examiner found the current degenerative joint disease/osteoarthritis less likely than not due to parachute jumps during active service.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and scheduling new examinations to assess the Veteran's back and right knee disabilities. The TDIU issue is also being remanded.

The Board has ordered additional development to obtain VA treatment records and ensure all duty to assist requirements have been met. The Veteran's claims for service connection for asthma, lumbar spine disorder, bilateral knee disorders, left leg disorder, and left hip disorder are being remanded.

The Board has determined that the Veteran's left knee disability was not incurred in active service and is not otherwise the result of a disease or injury incurred in active service. The claim for bilateral flatfeet will be addressed separately.

The Board denied the Veteran's claim for an extension of a temporary total rating following left knee surgery beyond April 1, 2010, as the evidence did not support requiring convalescence beyond that date.

The Board has remanded the case for additional development due to an inadequate prior VA examination and a need for further medical opinion regarding the etiology of the Veteran's gout.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the current severity of his bilateral knee disabilities and obtain any outstanding VA treatment records.

The Board denied the Veteran's claims for service connection for bilateral degenerative joint disease of the knees, hips, and lumbosacral spine as secondary to his service-connected painful heels with degenerative changes.

The Board has granted service connection for lumbosacral strain, migraine headaches, left shoulder strain with glenohumeral joint osteoarthritis, left elbow strain, right elbow strain, left wrist sprain, right wrist sprain, cervical spine strain, left ankle strain, right ankle strain, and left knee strain with arthritis. The Board found that the Veteran's current conditions are at least as likely as not related to his active duty service.,The Board has granted service connection for right knee strain with arthritis. The Board found that the Veteran's current condition is at least as likely as not related to his active duty service.

The Board has remanded the Veteran's claims for increased evaluation of his right knee disability and entitlement to TDIU due to inadequate examination, as well as outstanding VA treatment records.

The Veteran's appeal is being remanded for additional development of his medical records and consideration of his claims.

The Veteran's left knee disability was granted an increased rating to 20 percent, effective from the date of the decision. Service connection for CTS of the right wrist as secondary to a service-connected condition was denied. The Veteran was awarded TDIU for the period prior to August 12, 2010.

The Veteran's left leg above the knee amputation is being remanded for additional medical examination and review of clinical records to determine if VA negligence caused or aggravated his condition, which would affect his entitlement to compensation under 38 U.S.C.A. § 1151.

The Veteran's BPPV is due to his service-connected right ankle and knee, which gave way during a fall. The Board finds that the Veteran's testimony regarding the cause of his BPPV has some tendency to make a nexus more likely than not.

The Veteran's appeal is being remanded for a Board hearing at the Atlanta RO. The issues include service connection for an acquired psychiatric disorder, reopening of a right knee disorder claim, and secondary service connection for a back disorder.

The Board has reopened the Veteran's claim for service connection for bilateral knee disorder based on new and material evidence. The Board found that the preexisting bilateral knee condition did not worsen during service, thus denying service connection. However, the Board also noted that there is no clear and unmistakable evidence to rebut the presumption of soundness at entry into service.