Knee Board decisions

The Veteran's appeal is REMANDED to the AOJ for additional development, including obtaining VA treatment records and scheduling a new VA examination. The case will be readjudicated after these actions.

The Veteran's claims for a rating in excess of 10 percent for left knee strain, service connection for bilateral hearing loss, and service connection for tinnitus have all been denied. The Board finds that the evidence does not support granting any of these claims.

The Board found that the Veteran's current upper back, lower back, bilateral hip, and bilateral knee disabilities are not related to service. The evidence does not support a finding of in-service injury or chronic disability.

The Board has determined that the Veteran's injuries sustained in a motor vehicle accident were due to his own willful misconduct, and therefore not incurred in the line of duty. As such, service connection for the claimed conditions is denied.

The Board has remanded the Veteran's claims for additional development, including a new VA examination and obtaining private medical records. The appeal is pending further action.

The Veteran's bilateral ankle disability, diagnosed as degenerative arthritis, was not caused or aggravated by any aspect of service and did not manifest during service or within one year of separation.,The presumption of soundness is rebutted and the Veteran's left hip disability pre-existed his November 2002 active duty service.,The Veteran's right knee disability, diagnosed as chondromalacia patella degenerative changes, was not caused or aggravated by any aspect of service and did not manifest during service or within one year of separation from service.,There is no evidence to support a finding that the Veteran has an acquired psychiatric disorder that had its onset in service, manifested within one year of separation from service, or is otherwise etiologically related to service.

The Board found that the Veteran's claims for higher ratings for his left knee ACL tear and instability were not supported by the evidence, as there was no indication of flexion limited to 30 degrees or more, or moderate recurrent subluxation or lateral instability.

The Veteran's DJD of the right knee resulted in limited motion, with pain and flare-ups. The Board found that his symptoms did not warrant a rating higher than 10 percent prior to April 4, 2014.

The Veteran's appeal is remanded for additional development, including a more contemporaneous VA examination that complies with the holding of Correia v. McDonald.

The Veteran's claims for service connection for various conditions, including hearing loss, tinnitus, psychiatric disorder, hypertension, knee joint pains, myalgia, weight loss, and fatigue have been denied. The Board found that the evidence did not meet the criteria for service connection due to lack of a current disability or continuity of symptomatology.

The Board has determined that new and material evidence has not been received to reopen the claims for service connection for right and left knee disabilities, neck disability, right hand disability, left hand disability, right foot disability, and left foot disability. The claims are therefore denied.

The Veteran's service-connected right knee disability, including DJD and instability, was rated at 20 percent prior to December 9, 2011. The RO granted a separate rating of 10 percent for limitation of motion.

The Veteran's appeal is being remanded for further evidentiary development, including additional Compensation and Pension examinations to assess the severity of his right knee and left knee disabilities.

The Board has remanded the case for additional development, including obtaining VA treatment records and providing a contemporaneous VA examination. The Veteran's claim will be reconsidered based on the new evidence.

The Veteran's claims for increased ratings and service connection for right ankle, knee, lower leg, upper leg, and hip disabilities are being remanded for additional development.

The Veteran's bilateral knee braces, which are used as prosthetics for his service-connected bilateral knee disabilities, tend to wear and tear his clothing. The Board granted a clothing allowance based on this assertion.

The Board has determined that the Veteran does not have a current left knee disability and therefore, service connection for a left knee condition is denied.

The Veteran's claims for increased ratings for his knee disabilities and service connection for degenerative arthritis of the spine have been denied. His current 10 percent ratings for arthritis in both knees are not supported by evidence showing more severe limitations of motion, and there is no evidence of ankylosis or other disabling conditions warranting higher ratings. The Veteran's claim for secondary service connection for his spine disability has also been denied.

The Veteran's appeal for increased ratings for her right knee disability was denied. The Board found that the evidence did not meet the criteria for a rating in excess of 10 percent prior to October 14, 2010; from January 1, 2011 to March 20, 2012; and from June 1, 2012 to August 27, 2012. The Veteran's appeal for a rating in excess of 30 percent since October 1, 2013 was also denied.

The Veteran's right knee degenerative arthritis with three scars has not resulted in a disability rating higher than 10 percent prior to November 2016.