Knee decisions — 2018

The Veteran's claims for increased ratings for left knee disability and bilateral hearing loss have been denied. The Board found that the evidence did not support a higher rating for either condition during any of the periods in question.

The Veteran's service-connected conditions, including PTSD with MDD, left shoulder condition, right and left knee conditions, pseudofolliculitis barbae, tinnitus, and right knee condition, have resulted in a combined rating of 90 percent. The Veteran is therefore eligible for TDIU.,The Veteran's service-connected disabilities prevent him from securing or following any substantially gainful employment.

The Veteran's right and left knee disabilities were restored to a 20 percent rating each, effective May 6, 2009.,Service connection was granted for the diabetic foot ulcer on the left heel, secondary to the service-connected residuals of fracture to the left ankle.

The Board has determined that the Veteran's right knee disability is etiologically related to his active service, and thus grants service connection for this condition.

The Veteran's left knee disability is rated at 20 percent for degenerative joint disease, but separate ratings of 10 percent and 20 percent are granted for recurrent subluxation or lateral instability and locking, respectively.

The Board has remanded the case due to inadequate examination and needs a new VA examination to assess the etiology of the Veteran's right knee disability.

The Veteran's service-connected disabilities were of such severity prior to December 16, 2011 so as to preclude all forms of substantially gainful employment. The Board granted a total disability rating based on individual unemployability on an extraschedular basis.

The Board found that the Veteran does not have a current right or left knee disability and denied service connection for these conditions. The psychiatric disorder other than PTSD was also denied as secondary to his knee and back disabilities.

The Veteran's knee disabilities are currently rated based on limitation of motion, and the evidence does not show flexion limited to 30 degrees or more for a higher rating.

The Veteran's PTSD has been rated at 30 percent, effective September 3, 2009. The left knee condition was not factually ascertainable prior to that date and an earlier effective date is denied. The Veteran's TDIU claim for the period from December 25, 2008, forward has been granted.

The Board has determined that the Veteran's current bilateral hearing loss and tinnitus are related to his military service, while the knee conditions have not been linked to service. The claims for left knee condition and right knee condition are remanded as additional development is needed.

The Veteran's knee replacements and peripheral neuropathy claims are being remanded for additional development, including VA examinations to address the etiology of these conditions.

The Board denied the Appellant's claim for service connection for the cause of the Veteran's death, finding that the Veteran's service-connected left knee disability did not substantially or materially contribute to his death. The Appellant has provided no new and material evidence since the November 2009 decision.

The Veteran seeks service connection for bilateral hearing loss, tinnitus, and a right knee disability. The Board has determined that additional development is needed to determine the etiology of these conditions.

The Board has determined that the Veteran's left and right knee disabilities were not incurred in service, as there is no evidence of arthritis or other chronic disability during service. The VA examiner found a less than 50% probability that the current claimed disabilities are related to service.

The Veteran's claims for service connection and increased rating were denied. The claim to reopen was also denied, as the new evidence did not raise a reasonable possibility of substantiating the claims.

The Board has granted service connection for left knee osteoarthritis and remanded the issue of an initial compensable rating for bilateral hearing loss. The Veteran's other claims have been dismissed due to his withdrawal.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not support a higher rating than 10 percent for his left knee disability, and denied his claims for right ankle and right foot disabilities.

The Board has determined that the Veteran's claimed right hip and right knee disabilities are not related to his military service or any service-connected conditions, including his left knee arthritis. As such, the claims for service connection have been denied.

The Veteran's left knee DJD has not demonstrated actual improvement in his ability to function under the ordinary conditions of daily life, and therefore, an evaluation in excess of 30 percent is denied.