Knee Board decisions

The Veteran's appeal is being remanded due to his failure to appear at a scheduled hearing. The case will be returned to the Board after scheduling a new hearing.

The Board has determined that the Veteran's bilateral hearing loss is related to his in-service noise exposure and finds service connection warranted. For his bilateral knee disability, a VA examination is needed to determine if it is related to service.

The Veteran's lung disability, diagnosed as bronchitis and asthma, was reopened due to the submission of new evidence. The Board found that the condition was incurred in service.,Service connection for residuals of traumatic brain injury (TBI) including post-traumatic concussion headaches is granted.

The Veteran's claim for TDIU benefits was denied in February 2008, but the Board found that there was clear and unmistakable error (CUE) in the February 1979 rating decision. The criteria for TDIU benefits are met from January 1, 1978 through July 13, 1978.

The Veteran's appeal is being remanded for additional development, including scheduling a VA examination to assess the current severity of his service-connected bilateral knee disabilities and obtaining outstanding VA treatment records.

The Veteran's claim for an increased rating for his service-connected left knee disorder is being remanded due to the need for additional development, including a VA examination.

The Veteran's obstructive sleep apnea is being reviewed for possible service connection as secondary to his service-connected anxiety disorder and right knee degenerative joint disease. The Board has determined that additional development, including obtaining updated medical records and an opinion regarding the relationship between the Veteran's conditions, is necessary.

The Board has determined that the Veteran's current left knee disability is aggravated by his service-connected right knee disability, and thus grants service connection for this condition.

The Veteran is granted a separate rating of 10 percent for instability of his right knee service-connected degenerative joint disease, effective April 9, 2003.

The Board finds against the claims for service connection for a disability of both knees and legs, as well as PTSD. The evidence does not support a finding that these conditions were incurred or aggravated by service.

The Veteran's bilateral knee disabilities, specifically right and left knee strain with patellofemoral syndrome, do not meet the criteria for a rating in excess of 10 percent.

The Veteran's claim for an increased rating for left knee traumatic arthritis prior to February 23, 2011 was granted. A separate rating of 10 percent was also granted for left knee lateral instability prior to that date.

The Board denied an increased rating for left knee arthritis and a rating greater than 10 percent for instability of the left knee.

The Board has remanded the case due to new evidence received since the November 2008 supplemental statement of the case and requests for a hearing.

The Board has remanded the case due to a failure to return the claims file to the Veteran's representative for preparation of a more comprehensive VA Form 646. The Veteran and his representative have been provided an opportunity to review the claims file and prepare their arguments.

The Board has determined that the Veteran's current right and left knee disabilities are not related to his military service, as there is no evidence of a chronic condition during or within one year after service. The VA examiner opined that the Veteran's current degenerative joint disease is more likely due to post-service injuries.

The Veteran's service-connected instability of the right and left knees did not meet the criteria for a compensable rating during the entire increased rating period under appeal. The Board found no evidence of slight recurrent subluxation or lateral instability in either knee.

The Veteran's sleep apnea, left knee disorder and cervical spine disorder are all found to be related to his active duty service.,Service connection is granted for these conditions.

The Board found that the Veteran's current left knee disorder was not incurred in or aggravated by his active military service, including any period of active duty for training or inactive duty for training.

The Board found that there is no preponderance of evidence to support a nexus between the Veteran's current left knee disability and his period of active service, including two in-service left knee injuries. The Board concluded that the Veteran did not have a left knee injury during service and any subsequent symptoms were not related to service.