Knee decisions — 2017

The Board has remanded the Veteran's claims due to additional evidentiary development being required, including a recent VA examination with retrospective and current medical opinions.

The Board has granted service connection for tinnitus and remanded the remaining issues of hearing loss and left knee disability.

The Board has determined that the Veteran does not have current diagnoses for most of his claimed conditions and finds no evidence to support service connection for these disorders. The only condition found by the Board with a possible link to service is dementia, but this was many years after service.

The Board denied the Veteran's claims for increased ratings and service connection, finding that the evidence did not meet the criteria for higher ratings or service connection.

The Board has determined that the Veteran does not have a current left hip disability, and therefore, this claim is denied.,Service connection for low back, bilateral knee, right hip, and bilateral ankle disabilities are not supported by the evidence. The preponderance of the evidence shows these conditions were due to post-service injuries from working in manual labor as a truck driver, roofer, and construction worker.

The Veteran has withdrawn his appeals for increased ratings in excess of 10 percent for right lateral thigh shrapnel and gunshot wound residuals with scars, and right knee weakness and decreased right lateral thigh sensation. The Board dismisses these claims.

The Board has granted service connection for the Veteran's bilateral knee Degenerative Joint Disease (DJD), finding that it is related to his military service. The decision also noted that the Veteran served in combat and was a recipient of the Combat Infantryman badge.

The Veteran's left knee disability, characterized by instability and limitation of motion, does not meet the criteria for a higher rating under applicable VA regulations.

The Veteran would have been in receipt of a total disability rating based on individual unemployability for at least 10 years immediately preceding his death but for clear and unmistakable error (CUE) in the June 2003 VA rating decision. As such, the criteria for DIC benefits under 38 U.S.C. § 1318 are satisfied.

The Veteran's claim for a higher rating for tinea versicolor was denied as the extent of affected body areas did not meet the criteria for an increased rating.

The Board found that the Veteran's current left knee disabilities, including arthritis and a total knee replacement, did not manifest within one year of separation from service and were not caused or aggravated by his service-connected right knee disability. The evidence does not support a finding that these conditions are related to service.

The Veteran's left knee disability was rated at 10 percent prior to October 4, 2010 and upgraded to 20 percent from October 4, 2010 to January 6, 2017. The rating is now 40 percent effective January 6, 2017.

The Board found that the Veteran's osteoarthritis of the bilateral knees and low back did not manifest during service or within one year of separation, and is not shown to be causally related to an in-service event, injury or disease. The preponderance of evidence supports a finding that there was no in-service incurrence or aggravation of a disease or injury.

The Veteran's chronic lumbar strain, L5-S1, with history of discectomy, was granted a 40 percent rating effective from June 1, 2009 to February 3, 2011.

The Veteran's esophageal cancer, bilateral wrist disorder, and left knee disorder are not service-connected.,Service connection was denied for all issues due to lack of evidence linking the conditions to military service.

The Veteran's claim for an increased rating for his right knee disability is being remanded due to the need for additional development and consideration of new evidence.

The Veteran's right knee disability is rated at 40 percent disabling effective June 15, 2017. The Veteran's left foot condition with plantar fasciitis is rated at 20 percent disabling.

The Veteran's claim for TDIU and DEA was granted effective from October 16, 2009. The Board finds that an earlier effective date is not warranted.

The Veteran's appeal for higher ratings for his left knee conditions prior to June 13, 2011 and since August 1, 2012 was denied. The Board found that the evidence did not support a higher rating under applicable diagnostic codes.

The Board has determined that the Veteran's right knee disorder is caused or aggravated by his service-connected left knee disorder, and thus grants service connection for this condition.