Knee decisions — 2007

The veteran requested to withdraw her appeal regarding the issues of sinusitis, allergies, hearing loss, otitis media, and tendonitis of the bilateral feet and ankles. The Board dismissed these issues as a result.

The veteran's claims for service connection for a left knee disorder and residuals of a shrapnel injury to the right leg are pending as additional evidence is needed, including VA examination reports.

The veteran's service-connected disabilities, while significant, do not render him unemployable. The Board finds that the veteran is capable of securing and following a substantially gainful occupation.

The Board has remanded the case for additional development due to complaints of worsening symptoms and the need for updated VA treatment records.

The Board has granted service connection for arthritis of the left knee and arthritis of the left shoulder, finding that these conditions are part of a pre-existing degenerative process.

The Board found that the veteran's diabetes mellitus was not incurred in or aggravated by active military service and is not proximately due to or the result of a service-connected disability. The right knee disability has been evaluated as 10 percent disabling since March 2004, but the veteran contends for a higher evaluation.

The veteran's DJD of the right knee is currently rated at 10 percent, and his DJD of the left knee remains noncompensable. The claim for TDIU was granted.

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

The Board has dismissed the appeals for service connection for PTSD, left foot deformity, a crooked left leg, bipolar disorder with major depression, a left tibia disorder and hearing loss as these claims were withdrawn by the appellant.

The veteran's appeal is being remanded due to the need for additional development, including a new VA examination.

The veteran's claims for service connection were denied as there is no competent medical evidence of a nexus between any claimed conditions and active service.,Service connection was not granted for PTSD, bilateral hearing loss, neck disorder, toe fungus, stomach disorder, left knee disorder, eye disorders (Refractive error and Presbyopia), temporomandibular joint syndrome, or left foot disorder.

The veteran's unauthorized medical expenses incurred on April 17 and 18, 2006 are approved due to the emergency nature of his condition and the unavailability of VA facilities.

The veteran's appeal for a higher rating for his right knee disability and service connection for TMJ with headaches, claimed as secondary to a service-connected low back disorder, was denied by the Board of Veterans' Appeals.

The Board has determined that the veteran's osteoarthritis of the right knee, hips and elbows is etiologically related to his military service.

The veteran's service-connected rheumatoid arthritis of the left hip, right hip, right knee, left knee, fingers of the right hand, fingers of the left hand, right elbow, left elbow, right wrist, and left wrist have been rated as 10 percent disabling. The veteran's service-connected rheumatoid arthritis of the left shoulder and right shoulder have been rated as 20 percent disabling.

The Board found that the veteran's current knee disabilities are not related to his service, including as a manifestation of the polyarthritis he experienced in service. The preponderance of medical evidence indicates the veteran's current knee disability is not related to service.

The Board has granted increased ratings for the veteran's service-connected left knee instability and degenerative arthritis, both rated at 20 percent.

The Board has granted the veteran's claims for service connection and assigned initial noncompensable ratings for patellofemoral syndrome of the right knee and patellofemoral syndrome of the right knee with instability. The veteran's disability is currently rated as 10 percent disabling.

The Board has granted service connection for bilateral hearing loss and denied the veteran's claims for higher initial ratings for his right knee, left knee, and right shoulder disabilities.

The veteran's appeal is remanded due to the need for additional VA treatment records, VCAA notice regarding initial disability rating and effective date, and a new VA examination.