Knee decisions — 2017

The Board has determined that the Veteran's claim for a TDIU arose on May 30, 2008, and an effective date of October 19, 2011, is granted as this was when his combined disability rating reached 70%.

The Veteran's service-connected right knee disability is currently rated as 20% disabling prior to September 30, 2014, and 60% disabling effective December 1, 2015. The Board finds that the evidence does not support an increased rating for any time period.

The Veteran's appeal has been dismissed due to his death. No service connection decision was made as the issue was not about a condition related to Agent Orange exposure.

The Board denied the Veteran's claims of service connection for left knee disability, allergies, hepatitis, sleep disorder, and acquired psychiatric disorder. The decision found that new evidence did not raise a reasonable possibility of substantiating these claims.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection of lumbar spine, cervical spine, right hip, right knee, and right shoulder disabilities. The claims are granted as these conditions have existed continuously since separation from service.

The Veteran's appeal is being remanded for additional development, including obtaining an addendum medical opinion regarding the nature and etiology of his right knee disability, ensuring all pertinent private treatment records are associated with the file, and readjudicating the issues on appeal.

The Veteran's service-connected right ankle and knee disabilities do not render him unemployable, as he is capable of sedentary employment.

The Veteran's residual linear scars of the right knee are manifested by three scars that do not meet the criteria for a compensable rating under VA regulations. The scars are less than 144 square inches in area, are not painful or unstable, and do not cause limitation of function.

The Board has granted service connection for right knee arthritis as secondary to the Veteran's service-connected right ankle disability. The claim for left knee disorder is being remanded due to inadequate opinion regarding its relationship to service-connected disabilities.

The Veteran withdrew his appeal of the claims for entitlement to a compensable evaluation for right and left knee instability prior to the Board's decision.

The Veteran's appeal is being remanded for further development, including obtaining additional VA treatment records and arranging for a VA knee examination.

The Veteran's appeal is granted, with a TDIU being awarded due to his service-connected disabilities. The other claims remain pending and require further development.

The Board has determined that the Veteran's cause of death, which was cardiopulmonary arrest and chronic obstructive pulmonary disease (COPD), is not related to his military service or any service-connected disabilities.

The Veteran's claims for increased ratings were denied as the evidence did not show that his conditions warranted a higher rating under VA regulations.

The Veteran's claims for increased ratings for post-operative right knee and ankle disabilities were denied by the Board. The evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Veteran's appeal is being remanded due to the need for additional medical records. The specific issues are related to an increased rating for a left knee disability, including restoration of a 20 percent disability rating for osteoarthritis status post arthroscopy.

The Veteran's tinnitus was granted service connection, and his knee disabilities were denied increased ratings. The case is remanded for further development.

The Veteran's claims for service connection were denied. The Board found that the evidence did not meet the criteria for a 70% rating for PTSD and dismissed the claim for memory loss as it was part of the service-connected PTSD. The other claims, including those related to hepatitis C and left knee disorder, were also denied.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus are presumed to have been incurred as a result of active service, while his bilateral knee disability is not related to his military service.

The Board denied the Veteran's claims for service connection for various conditions, including bilateral hearing loss, gastrointestinal disorder, chronic fatigue syndrome, left knee disability (arthritis), bilateral athlete's foot, muscle pain, joint pain, sleep disorder (sleep apnea), and respiratory disorder (asthma). The appeal was dismissed due to withdrawal of these issues.