Knee decisions — 2008

The veteran's unauthorized medical expenses incurred on April 10, 2006 at a private hospital were reimbursed because he had seven service-connected disabilities and the VA facilities were not feasibly available to provide emergency care.

The Board denied the veteran's claim for entitlement to TDIU due to his service-connected left knee disability.

The Board found that the appellant's left knee and bilateral vision disorders did not occur during his military service or are otherwise related to his service. As a result, the claims for service connection were denied.

The Board has determined that the veteran's bilateral knee disorder was not incurred in or aggravated by service, and thus denied his claim for service connection.

The Board has determined that additional development is necessary before a decision can be made on the veteran's claims for increased ratings and service connection.

The Board denied the veteran's claims for earlier effective dates for service connection of his hip and knee disabilities, finding that the earliest date was July 10, 2003.

The Board denied the veteran's claims for increased ratings and earlier effective dates for his left knee disorders, finding no current right wrist disability. The issues regarding an increased rating for a left knee disorder, initial rating for left knee arthritis, and earlier effective date were remanded.

The veteran's service-connected conditions do not meet the criteria for eligibility for financial assistance in purchasing an automobile and adaptive equipment, as his disabilities have not resulted in loss of use of one or both feet.

The veteran's appeal for service connection regarding right knee chrondomalacia and gastroesophageal reflux disease (GERD) has been remanded due to the need for a personal hearing before a Veteran's Law Judge.

The veteran's claim for payment or reimbursement of private medical expenses for psychiatric treatment after January 1, 2003 from the Great River Trauma Counseling & Education Center is denied as prior authorization was not obtained and no emergency situation existed.

The Board denied service connection for the claimed conditions, finding no evidence linking them to active service or undiagnosed illness.

The veteran's service-connected disabilities, including his bilateral knee disorders and other conditions, preclude substantially gainful employment consistent with his education and occupational experience. The Board has granted a total disability rating based on individual unemployability (TDIU).

The Board has determined that the veteran's degenerative joint disease of the right knee warrants a disability rating of 30 percent for the period from April 2, 2003 to December 1, 2007 and a disability rating of 10 percent for the period from December 1, 2007. The reduction in the veteran's disability rating for instability of the right knee was proper.

The veteran's claims for service connection are being remanded due to incomplete records and the need for additional examinations.

The veteran's service connection claims for gout, residuals of stroke, right knee and lower leg disorder with bone prominence, low back disorder, neck disorder, peripheral neuropathy of the right hand, and PTSD were all denied. The Board found that there was no evidence linking these conditions to his active duty.

The Board denied reopening the veteran's claim for service connection of a left knee disorder in 1987 due to lack of new and material evidence.,In 2004, the VA denied the veteran's request to reopen his claim for sarcoidosis.

The Board has decided to remand the case for additional development, including obtaining service records and medical records from a private clinic. The veteran's claim will be readjudicated after these actions are completed.

The veteran's service-connected bilateral hearing loss is rated at 30 percent, but the Board finds that a higher rating is not warranted.,The veteran's service-connected degenerative disc disease of the lumbar spine is currently rated at 20 percent. The Board finds no basis to grant a higher rating.,The veteran's hiatal hernia and duodenal ulcer are currently rated as noncompensable, but the Board finds that a compensable rating is warranted based on their severity.,The cervical strain with limitation of motion is found to be secondary to service-connected low back disability. The Board grants service connection for this condition.,The veteran's bilateral knee disorder is not considered to be related to his service or any service-connected disability, and the Board denies service connection.

The Board found no credible evidence of a knee injury during service and concluded that the veteran's current bilateral knee disorder was not incurred or aggravated by his military service.

The veteran's left knee injury is currently rated as 10 percent disabling, but does not meet the criteria for a higher rating based on functional impairment or additional limitations due to pain. The RO denied an increased initial evaluation.