Knee Board decisions

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.

The Board has determined that the Veteran's claimed lumbar spine, left knee, right knee, head injury residuals, right hip, left hip, and cervical spine disorders are not related to his military service.

The Veteran's appeal is being remanded due to the failure to attend a previously scheduled hearing. The case will be returned for scheduling an in-person hearing before a local regional office.

The Board has determined that the evidence is in equipoise regarding whether the Veteran's current right knee condition, including osteoarthritis and degenerative joint disease with loose bodies of the anterior knee, is related to his military service. As such, the claim for service connection is granted.

The Board denied service connection for bilateral hearing loss, PTSD, and bilateral osteoarthritis of the knees. The Veteran did not meet the criteria for a current disability in any of these conditions as per VA standards. For PTSD, the Board found that the Veteran's stressor was credible and linked to his military service. However, for bilateral hearing loss and bilateral osteoarthritis of the knees, the evidence did not support a finding of direct service connection.

The Veteran's service-connected right knee ACL reconstruction has been primarily manifested by pain, limitation of motion and early degenerative joint disease. The Board finds that the criteria for a rating in excess of 10 percent have not been met.

The Board found that the Veteran's claimed disabilities, including bilateral hearing loss and foot disabilities, were not shown to be causally related to his active duty service. The evidence did not establish a nexus between any of these conditions and his military service.

The Board has determined that the Veteran's left hip and left knee disabilities, diagnosed to include arthritis, are related to his service. The right knee disability is not related to service as there was no evidence of chronicity since service.

The Veteran's appeal is being remanded for additional development, including obtaining missing service treatment records and post-service medical records.