Knee decisions — 2017

The Board has granted a rating of 20 percent for the Veteran's service-connected right foot disability, effective May 19, 2015. The Veteran was previously rated at 10 percent prior to that date.

The Veteran's appeal is remanded for a new VA examination to assess the current severity of his left knee disability, including testing for pain on both active and passive motion, in weight-bearing and nonweight-bearing, and with the range of the opposite undamaged joint. Any outstanding, pertinent VA outpatient treatment records and private treatment records identified by the Veteran should be obtained.

The Board dismissed the claim alleging clear and unmistakable error (CUE) in a July 1976 rating decision assigning an initial noncompensable rating for left knee chondromalacia. The Veteran's request for an earlier effective date for a 10 percent rating was also dismissed.

The Board has determined that the Veteran's current right ear hearing loss disability is related to his active military service and granted service connection for this condition. The claim for increased rating of the right knee disability remains on appeal.

The Veteran's claims of entitlement to increased ratings for his right shoulder and left knee disabilities have been remanded due to the need for additional development, including VA examinations.

The Veteran's left knee residuals of anterior cruciate ligament reconstruction and instability have been rated at 10 percent each, effective from March 2010. The separate rating for instability is effective since the date of his claim in May 2010.

The Veteran's left knee surgery required a temporary total convalescence rating from November 13, 2015 through May 31, 2016.

The Veteran's left knee disability has been rated based on symptoms and functional impairment, with a separate rating for residuals of meniscectomy prior to June 2007 and a higher rating from June 11, 2007 onwards.

The Veteran's right carpal tunnel syndrome was granted a higher rating of 30 percent effective August 20, 2016. The other issues remain in appellate status.

The Board has determined that the appellant's current left knee tricompartmental osteoarthris and right knee tricompartmental osteoarthritis are related to service, with the right knee disorder being aggravated by his now service-connected left knee disability.

The Veteran's appeal is being remanded for further development, including an updated VA examination to assess the severity of his left knee disability.

The Veteran's appeals for service connection on the issues of left wrist, hand, knee, ankle, and foot disabilities have been dismissed as he withdrew these claims in November 2015. The right hand disability (diagnosed as degenerative joint disease) has been granted service connection.

The Board has determined that the Veteran's tinnitus, bilateral knee conditions (left and right), left ankle condition, and hypertension are all service-connected based on direct evidence.

The Veteran's appeal for service connection for a left varicocele has been withdrawn. The Board finds in favor of the Veteran on his claim for service connection for obstructive sleep apnea, finding that it is at least as likely as not that the condition had its onset during active duty.

The Veteran's claim for service connection for headaches due to his service-connected bilateral hearing loss has been denied. The Board found no evidence linking the current headaches to the service-connected hearing loss.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling VA examinations to address his claims.

The Veteran's claims for increased disability ratings and reopening service connection have been denied. The Board found that new evidence did not relate to an unestablished fact necessary to substantiate the claim or was cumulative of previously submitted evidence.

The Board has granted an increased rating of 10 percent for the Veteran's service-connected right knee disabilities, effective from January 29, 2010.

The Veteran's claims for increased evaluations for his cervical spine, right shoulder, right knee, and left knee disabilities were denied. The current ratings of 20 percent each are maintained.

The Board has remanded the claims of service connection for a right knee disorder, left ear hearing loss, and tinnitus due to additional development being required.