Knee Board decisions

The Board has determined that the Veteran's tinnitus was not incurred in or caused by service, and thus denied his claim for service connection. The right knee disability is also denied as secondary to a service-connected condition.

The Veteran's partial left knee replacement with degenerative arthritis has not manifested chronic residuals consisting of severe painful motion or weakness, and therefore does not meet the criteria for a disability rating in excess of 30 percent.

The Veteran's appeal for compensation under 38 U.S.C. § 1151 for the additional disability of a neuroma and nerve damage resulting from VA treatment was denied as there is no evidence to support that carelessness, negligence, lack of proper skill or error in judgment on part of VA caused these disabilities.

The Board found no evidence of a current left foot disability and denied the Veteran's claims for service connection for her claimed right knee and dorsal spine disorders.

The Board has remanded the case for additional development due to failure of the Veteran to report for a VA examination and unclear notification regarding the scheduling of the examination.

The Board has determined that the Veteran's current right knee disability is not related to his active service, including a motor vehicle accident in 1956. The evidence does not show symptoms within one year of separation from service or any nexus between the current condition and service.

The Board has denied the Veteran's claims for service connection for a left knee disability, sinusitis, and thyroid disability. The evidence does not support a finding of in-service injury or disease that led to these disabilities.

The Veteran's right knee disability has been rated at 30 percent since July 7, 2003. The Board finds that a higher rating is not warranted for this period.

The Veteran is unable to secure and maintain substantially gainful employment as a result of his service-connected disabilities, and the Board finds that TDIU on an extraschedular basis has been met.

The Veteran's service connection for a right eye cataract was granted. The rating of his right knee disability from December 2, 2010 to January 8, 2013, and in excess of 60 percent from March 1, 2014, remains on appeal.

The Veteran's service-connected right and left knee degenerative joint disease have been rated at 10 percent each, with no higher ratings granted due to the lack of flexion or extension limitations meeting the criteria for a higher rating under Diagnostic Codes 5260 and 5261.

The Board has determined that the Veteran's neck pain, right shoulder pain, and right knee pain are not related to his active service.,There is no medical evidence linking these conditions to his military service.

The Board has granted a 60 percent rating for the Veteran's left knee disability, effective April 19, 2016. The Veteran previously received a temporary 100 percent rating from October 22, 2012, through November 30, 2013.

The Veteran's appeal is being remanded to obtain additional medical evidence and review his TDIU claim.

The Board has decided to remand the case due to inconsistencies in the November 2016 VA examination and a need for further evidence, including an updated treatment record and a new VA examination of the Veteran's right knee disability.

The Veteran's service-connected migraines and left knee disability did not result in unemployability, as he was able to maintain a bookkeeping business for 33 years.

The Veteran's TDIU claim is granted as his combined disability rating meets the schedular criteria for a 60% rating since May 10, 2007. However, he is found to be unemployable due to his service-connected conditions.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for an additional left knee disability due to a left knee arthroplasty at the Omaha VA Medical Center on October 4, 2010 is denied as there is no evidence of carelessness, negligence, lack of proper skill, or error in judgment by VA.

The Board has granted service connection for DJD/DDD of the lumbar spine and arthritis of the bilateral knees as secondary to service-connected feet and ankle disabilities. The Veteran's hearing loss is not compensable.

The Veteran's left knee disability was granted a 10 percent rating effective April 16, 2008 for limitation of flexion. The issue of whether the criteria have been satisfied for a higher rating for instability is addressed in the REMAND section.