Knee decisions — 2018

The Board has remanded the case for further development and readjudication of the issues listed, including consideration of new evidence. The Veteran is also advised to submit a timely substantive appeal if he wishes to perfect his appeal on any of these issues.

The Board has decided to remand the case for additional development, including obtaining Social Security Administration records and VA treatment records. The Veteran will also be scheduled for a new examination to assess his current level of severity for his right knee disability.

The Board has determined that the Veteran's bilateral hearing loss was incurred in or aggravated by active duty military service, and thus granted service connection for this condition.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and arranging for an orthopedic examination to assess the severity of his service-connected right knee disability.

The Board has determined that the Veteran's left knee disability, including left knee arthralgia and minimal degenerative changes, is related to service.

The Veteran withdrew his appeal for service connection of a chronic disorder of the knees, and the Board dismissed the appeal.

The Board has determined that additional development is needed before the claims on appeal can be decided. The case is REMANDED for further action.

The Board has granted service connection for a left lower extremity disability, encompassing the Veteran's claimed left hip, knee, and ankle conditions. The appeal of secondary service connection for these conditions to residuals of right knee GSW is granted.

The Veteran's appeal for increased ratings and service connection has been denied. The Board found that the evidence did not support a higher rating for bilateral hearing loss, left knee instability, osteoarthritis of the left knee, limited extension of the left knee, right knee instability, osteoarthritis of the right knee, or limited extension of the right knee prior to the specified dates. Microcytic hypochromic anemia was not found to meet the criteria for a compensable rating.

The Veteran's claims for increased ratings for his right and left knee disabilities, as well as bilateral foot calluses, are being remanded due to the addition of new evidence and the need for further examinations.

The Board has determined that the Veteran's current left knee disability was not related to his military service and is not caused or aggravated by any of his service-connected disabilities.

The Veteran's right knee disability, including the meniscal tear and strain with DJD, was rated at 20 percent from June 6, 2016 to December 4, 2016.

The Veteran has been granted service connection for degenerative joint disease of the thoracolumbar spine, but his cervical spine disability and arthritis have not met the criteria for service connection.,Service connection was denied as there is no evidence of a chronic condition in service or within one year after separation from service.

The Board has decided that further development is needed, including obtaining VA treatment records and scheduling a new examination. The Veteran's claim for service connection for his left knee disability will be remanded to the AOJ.

The Veteran's service connection claims for residuals of seminoma, anxiety disorder, bilateral knee disabilities, bilateral shoulder disabilities, and low back disability have all been denied. The evidence does not support a finding that these conditions are related to the Veteran's active military service or herbicide agent exposure.

The Veteran's right shoulder disability is rated at 20 percent, and his other service-connected conditions do not meet the criteria for a TDIU. The Board finds that he does not have sufficient combined ratings to qualify for a TDIU based on his service-connected disabilities.

The Veteran's left knee disability, including laxity and osteoarthritis with a torn ACL, has not met the criteria for an increased rating in excess of 10 percent. The issues regarding limitation of extension have also been denied.

The Veteran's claim for compensation under 38 U.S.C. § 1151 is being remanded due to the need for an addendum opinion regarding whether he sustained additional disabilities as a result of his November 2011 right knee replacement surgery, and if so, whether these were caused by carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA.

The Veteran's left and right knee disabilities are currently rated as 10 percent disabling under DCs 5260 and 5261, respectively. The Board finds that the evidence does not support a higher rating for either disability.

The Board has granted service connection for residuals of a head injury, including headaches and as secondary to service-connected scalp scars. The other issues on appeal are pending.