Knee Board decisions

The Board has remanded the case for further development, including scheduling a video conference hearing before a Veterans Law Judge.

The Veteran seeks service connection for degenerative arthritis of the right knee, which he claims is secondary to his service-connected left knee disability and lumbar strain. The case has been remanded due to the need for a medical opinion regarding whether these conditions aggravate each other.

The Board found that the Veteran's right knee disability is not related to service and denied his claim for service connection.

The Board has determined that the VA examination is inadequate and requires a new one to assess the Veteran's left knee disability. The issues of service connection for any current left knee disability, including patellofemoral degenerative changes and an overuse disorder, are now pending.

The Board has determined that the Veteran's current degenerative joint disease of the right knee is due to or aggravated by his military service, and thus grants service connection for this condition.

The Board has decided to remand the Veteran's claim for a bilateral knee disability due to incomplete opinions from the VA examiner regarding the nature and etiology of any current bilateral knee disability, including an assessment as to whether any current disability is etiologically related to service. The case will be returned to the AOJ for further development.

The Veteran's claims for higher evaluations for chronic hepatitis C, early cirrhosis of the liver associated with hepatitis C, and left knee chondromalacia were denied. The criteria for increased ratings were not met.

The Board has granted service connection for diabetes mellitus type II based on exposure to herbicide agents during the Vietnam era. The Veteran's left knee condition is remanded for further examination and opinion.

The Board found that there is no evidence of a chronic right knee disability in service and denied the claim for service connection. For tinnitus, the Veteran failed to report for a scheduled VA examination and there was no medical opinion linking it to service.

The Veteran's left knee disability, including arthritis and instability, is currently rated at the maximum allowable under current rating criteria. The Board finds no basis to grant higher ratings for these conditions.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling VA examinations to assess the severity of his hearing loss, right knee strain, and lumbar spine strain.

The Veteran is seeking service connection for a right knee disability, including as secondary to his service-connected DJD of the left knee. The Board has determined that additional development is needed and remands the case back to the RO for further action.

The Veteran withdrew from appeal the claims for service connection for COPD and chronic bronchitis during a Board hearing.

The Board has granted service connection for the Veteran's residuals of a right knee injury, tinnitus, and cervical spine disability. The claim for migraines is denied as there is no evidence linking them to active service.

The Board has determined that additional development is needed to determine if the Veteran had any prior ACDUTRA and/or INACDUTRA, to include whether he participated as a Senior ROTC candidate. The AOJ must also request records from SSA and VA medical facilities.

The Veteran's combined disability rating is 70 percent, which meets the criteria for TDIU based on his service-connected disabilities. However, the evidence does not support a finding that he is unemployable due to these conditions.

The Veteran's service-connected right knee disability has been rated at 10 percent since May 4, 2015. The RO denied an initial rating in excess of 10 percent for the right knee disability and a separate rating in excess of 20 percent for the right knee disability with subluxation.

The Veteran's appeal is being remanded for additional development and consideration of the November 2015 VA examination reports in the first instance. If benefits remain denied, a supplemental statement of the case will be provided.

The Board found that the Veteran's current left knee disability is not related to his in-service injury and denied service connection for tinnitus due to lack of evidence linking it to service.

The Veteran's appeal is being remanded for additional development, including updated employment and educational history, VA treatment records, and a comprehensive examination to determine the severity of her service-connected disabilities and their impact on her employability.