Knee decisions — 2017

The Board has determined that the Veteran's claims for increased ratings for his low back and left knee disabilities are denied as there is no factual basis to grant these claims prior to March 14, 2011.

The Board has determined that the appellant did not serve on active duty and was not disabled from a disease or injury incurred in or aggravated during his period of ACDUTRA. Therefore, he does not meet the criteria for status as a veteran for purposes of entitlement to service connection for a right knee disorder.

The Board has determined that the Veteran's left knee arthritis is not related to service and therefore denied his claim for service connection.

The Veteran's combined rating for service-connected disabilities is 80 percent, which meets the schedular requirements for a TDIU. The Board finds that he is unable to secure or follow a substantially gainful occupation as a result of his service-connected disabilities and grants a TDIU.

The Veteran's appeal is being remanded for a videoconference hearing. The issues on appeal are related to service connection for various conditions.

The Veteran's arthritis of the lumbar spine has been rated at 40 percent, effective January 26, 2012. The rating is based on limitation of motion and does not include IVDS or radiculopathy.

The Veteran's tinnitus and bilateral hearing loss are found to be related to his military service. The Board also finds that the Veteran has a current diagnosis of peripheral neuropathy due to cold injury in service, which is considered as part of the same claim.

The Veteran's left knee chondromalacia patella has been primarily manifested by joint pain and tenderness, with full extension and no subluxation or instability. The Board finds that a rating in excess of 10 percent is not warranted.

The Board has remanded the Veteran's claims due to the need for additional development and examination.

The Veteran's staph infection is not service connected, but his left knee disability (patellofemoral syndrome) is found to be secondary to his right knee disability and granted.

The Board has restored the Veteran's disability ratings for right knee limitation of extension and instability to their previous levels, effective February 1, 2011. The current ratings are in line with the evidence showing no improvement in the Veteran's ability to function under ordinary conditions.

The Board found that the Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, and thus denied his claim for a TDIU.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's service-connected disabilities, including PTSD, hypertension, and degenerative joint disease with chondromalacia of the right knee, have rendered him unable to secure or follow a substantially gainful occupation. The case is being remanded for further clarification on his current employment status.

The Veteran's appeal is remanded for additional development, including obtaining a new VA examination of the knees and another VA examination to determine the current severity of his rhinosinusitis.

The Veteran's appeal for higher ratings for his right knee disability was denied. The Board found that the evidence did not support a rating in excess of 10 percent prior to December 28, 2009 and denied a rating in excess of 30 percent since then.

The Veteran's appeal for restoration of a higher rating for his left knee disability from July 1, 2011 was denied. The Board found that the evidence did not show sustained improvement over time such as to justify reducing the current 10 percent rating.

The Veteran's appeals for increased ratings for his left knee disabilities were denied as he failed to report for a scheduled VA examination.

The Board has denied the Veteran's claims for service connection for right shoulder, back, and left knee disabilities. The Veteran's tension headaches are found to be related to his military service.

The Board has denied the Veteran's claims for service connection for left and right knee disorders, as well as macular hole of the right eye. The evidence does not establish that any of these conditions were incurred or aggravated by service.,There is no credible evidence linking the Veteran's current bilateral knee disorders to his military service.