Knee decisions — 2017

The Board found that the Veteran's current hearing loss and bilateral knee conditions are not related to service, as there is no evidence of in-service injury or disease. The VA examiners concluded that any current hearing loss and knee disabilities are more likely due to natural aging processes rather than service events.

The Board dismissed the motion for revision of a November 19, 2015 decision based on clear and unmistakable error (CUE) because there was no final denial of benefits to review.

The Veteran's appeal was denied as his claim for increased ratings were not supported by the evidence of record. The Board found that prior to April 30, 2013, he did not meet the criteria for a rating in excess of 10 percent for his left knee disability and that from April 30, 2013 to September 3, 2013, he did not meet the criteria for a separate rating in excess of 10 percent for left knee instability. The Veteran's total left knee replacement was also found not to warrant an increased rating.

The Board has determined that the Veteran's service connection claims for left knee, right knee, bilateral hearing loss, and tinnitus have been denied as there is no evidence of ankylosis or incapacitating episodes to warrant a higher rating.

The Board has remanded this case for additional development, including a comprehensive vocational assessment and functional capacity evaluation to determine the Veteran's ability to perform in his occupational field given his service-connected disabilities.

The Board has denied a rating in excess of 10 percent for the Veteran's left knee disability, finding that the evidence does not support such an increase.

The Board has determined that additional development is needed to obtain Social Security Administration records and VA treatment records, as well as an examination for the Veteran's knee, shoulder, back, and neck disorders. The appeal will be remanded to allow these actions.

The Board has ordered a new VA examination to determine the nature and etiology of any currently present knee disabilities, including whether they are related to service or a service-connected disability. The case is remanded for this purpose.

The Board has granted service connection for a lumbar herniated disc and right hip disability, both found to be secondary to the Veteran's service-connected left foot disability. The remaining claims of service connection for bilateral knee disabilities and left hip disability are remanded.

The Veteran's service-connected post-operative left knee ligament repair and residuals of left total knee arthroplasty are not currently rated higher than the assigned levels due to the current manifestations of these conditions.

The Board has determined that the Veteran did not have service in Vietnam and, therefore, is not entitled to presumptive service connection for any conditions based on herbicide exposure. The claims of service connection for various disabilities are denied as there is no evidence of a direct relationship between these conditions and his military service.

The Board has determined that the Veteran's current bilateral knee disability is not related to his active service and therefore denied his claim for service connection.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection of low back disability and right knee disability. The Board finds that these disabilities are related to service, with the onset occurring during active duty.

The Board denied the Veteran's claims for service connection for right shoulder, back, neck, right knee, and left knee disabilities. The evidence did not support a finding of in-service incurrence or continuity of symptomatology.

The Board finds that there is no medical evidence to support a link between the Veteran's current right and left knee disabilities and his active service. The in-service diagnosis of patellofemoral pain syndrome did not result in any chronic disability.

The Board has determined that the Veteran's current right knee degenerative joint disease is not service-connected as it did not result from an in-service aggravation of his pre-existing right leg condition.

The Board denied increased ratings for the Veteran's right and left knee disabilities, as well as separate ratings for instability of both knees, since September 13, 2013.

The Board found that the Veteran's low back and right knee disabilities did not manifest within a year of separation from service, or are otherwise etiologically related to active military service.

The Board has determined that the Veteran's left knee patella chondromalacia and medial joint degenerative joint disease are related to his active military service, resolving reasonable doubt in favor of the Veteran.

The Veteran's claims for left knee arthritis and hypertension are being remanded due to incomplete VA examination opinions. The Board will seek additional opinions from VA physicians to determine if the conditions are related to service.