Knee Board decisions

The Board has granted a 40 percent rating for bilateral hearing loss effective February 25, 2009. The Veteran's claim for service connection of his left knee disability is granted.

The Board has determined that the Veteran's low back disability, right knee disability, and acquired psychiatric disorder are not service-connected as they do not have a direct link to his military service.

The Veteran's service-connected right and left knee disabilities are currently rated at 20% each, but the Board has determined that increased ratings are not warranted based on the evidence of record.

The Veteran's claims for increased ratings and TDIU were denied, as well as his request for an earlier effective date for service connection of left knee instability. The Board found that the Veteran did not meet the criteria for higher ratings or earlier effective dates based on the evidence of record.

The Board finds that the Veteran's current diagnosed osteoarthritis in bilateral knees is not related to service and thus denied service connection for a bilateral knee disability.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Veteran's right knee disability is rated at 30 percent for degenerative arthritis and a separate 20 percent rating for instability since February 7, 2017. The claim for an increased rating in excess of 10 percent has been granted.

The Board found that the Veteran's sleep apnea and bilateral knee disability are not caused or aggravated by his service-connected conditions, specifically PTSD for sleep apnea and pes planus for knee issues. The Veteran is already receiving the maximum available rating for his pes planus.

The Board has denied the Veteran's claims for service connection for right shoulder, right knee, and left knee disorders as secondary to his service-connected PTSD.

The Veteran's appeal is being remanded for further development, including obtaining additional VA treatment records and scheduling the Veteran for a VA examination to assess his service-connected left knee disabilities and whether any current back or hip conditions are related to active service.

The Board has granted service connection for tinnitus and denied service connection for bilateral hearing loss and a right knee disability. The effective date for the award of special monthly pension based on need for aid and attendance is set at July 8, 2014.

The Veteran's appeal is being remanded due to inadequate VA examinations. The claim for an increased evaluation in excess of 10 percent for a right knee disability will be reconsidered.

The Veteran's service-connected right knee disability is rated based on the criteria in the rating schedule, and no extraschedular evaluation is warranted. The Board has granted a TDIU effective prior to April 20, 2015.

The Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation prior to his death, commensurate with his education and employment background.

The Board found that the Veteran's left knee disability warranted a rating of 10 percent for painful motion, but not higher. The highest possible rating under Diagnostic Code 5259 (for symptomatic removal of semilunar cartilage) was already assigned.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling the Veteran for a VA examination to assess his right knee and left knee osteoarthritis.

The Veteran withdrew his appeal for all current claims on appeal prior to the Board's decision.

The Veteran's PTSD and depressive disorder are related to his military service, and he is unable to work due to these conditions. The Board has granted a TDIU from May 29, 2012 to October 30, 2013.

The Veteran's character of discharge for his final period of service from March 1997 to February 2008 is a bar to VA benefits due to the commission of offenses during that period resulting in a dishonorable discharge. The appeal has been withdrawn with respect to several issues.

The Veteran's appeal is remanded due to the need for additional VA examinations and consideration of outstanding private medical records.