Knee Board decisions

The Veteran's appeal is being remanded for additional development, including obtaining recent VA treatment records and scheduling an appropriate VA examination of his hearing loss disability. The issues of increased ratings for diabetes, hypertension, degenerative joint disease of the left knee, and peripheral neuropathy of the bilateral lower extremities are also being addressed.

The Board has remanded the Veteran's claims due to the need for additional development, including VA examinations and review of the claims file.

The Veteran's death was caused by acute cholecystitis and cholelithiasis, which were complications of a total right knee arthroplasty for his service-connected right knee arthritis with scar. The Board grants service connection for the cause of the Veteran's death.

The Veteran's appeal for increased ratings and temporary total evaluations has been withdrawn. The claim of entitlement to service connection for right hip and knee disorders secondary to the service-connected right ankle disability is remanded.

The Board has determined that there is no competent medical evidence of a current bilateral knee disability or prostate disability (BPH) at the time of the Veteran's service connection claims. Therefore, these claims are denied.

The Board has determined that the Veteran's left knee disability did not have its onset in service, within one year of service, or is otherwise related to his military service. Therefore, the claim for service connection for a left knee disability is denied.

The Veteran's appeal is remanded due to the need for a medical opinion regarding whether his current left shoulder and right knee conditions are related to service. Additional VA or private treatment records should be obtained, and the Veteran should be asked to submit any additional lay statements.

The Veteran's claims for increased ratings and the propriety of a reduction in his disability rating were denied. The left knee condition did not meet criteria for a higher rating, while the right knee condition met criteria for a 20 percent rating. The cervical spine disability had its rating reduced from 20 to 10 percent effective January 31, 2007.

The Veteran's bilateral knee disabilities are currently rated as 10 percent disabling each, with no higher ratings granted for limitation of motion or instability. The appeal is denied.

The Veteran's appeal is being remanded for further development, including new VA examinations to determine the nature and likely etiology of her back disorder, bilateral knee/leg disability, and foot disorders. The AOJ will then readjudicate the claim in light of all evidence.

The Veteran's right knee degenerative joint disease is not more than 10 percent disabling.,Prior to January 7, 2011, the Veteran's left knee degenerative joint disease with meniscal tear was not more than 20 percent disabling.,Since March 1, 2011, the Veteran's left knee degenerative joint disease, status post-arthroscopy, is not more than 10 percent disabling.

The Board finds that the Veteran's current right knee osteoarthritis, hypertension, cervical and lumbar spine arthritis, degenerative disc disease, and stenosis are related to service exposure to herbicides. The claims for service connection are granted.

The Board found that the Veteran's low back and left knee disabilities were not incurred or aggravated by service, as there was no evidence of a pre-existing condition noted at entry into service and insufficient medical evidence to establish a nexus between current disability and service.

The Veteran's service-connected disabilities are sufficient by themselves to render him unable to secure or follow any form of substantially gainful employment consistent with his education and occupational background, leading to a grant of TDIU.

The Board has granted service connection for headaches, respiratory disability, skin disability, and neck disability based on the Veteran's Persian Gulf War service. The right ear pain claim was not reopened due to lack of new and material evidence.

The Veteran's left knee disability was productive of painful motion, with flexion limited to 60 degrees at worst and extension limited to 5 degrees at worst; recurrent subluxation or lateral instability which was no more than mild in degree. The Board found a combined rating of 40 percent (based on a formulation of 10 percent for left knee injury with traumatic arthritis under Codes 5010-5260, and 10 percent for status post ACL reconstruction of the left knee under Code 5257) was warranted prior to July 10, 2012.

The Veteran's service-connected disabilities do not render him unemployable, as he has been able to secure and follow substantially gainful employment despite his psychiatric disability.

The Board has determined that the Veteran's left knee disability is not related to his military service and therefore denied his claim for service connection.

The Board has granted service connection for bilateral knee and right ankle disorders, finding that current disabilities are of service onset or attributable to military service. The remaining issues remain on appeal.

The Board has decided that additional development is needed, including verification of service dates and obtaining a medical opinion from the appellant's VA physician. The claims will be returned to the RO for further action.