Knee decisions — 2008

The Board has reopened the veteran's previously denied claim of entitlement to service connection for a left knee disability secondary to his service-connected right knee disability.,However, the Board found no evidence of a current back disability and thus denied the veteran's claim of entitlement to service connection for a low back disability secondary to his right knee disability.

The Board has determined that a new VA orthopedic examination is needed to determine if the veteran's service-connected disabilities alone are of sufficient severity to prevent him from securing and following any substantially-gainful employment. The RO should also obtain and associate with the claims folder copies of all treatment records for the veteran at Fort Wayne, Indiana VAMC from November 2007 to the present time.

The Board has granted the veteran's claim for specially adapted housing due to his service-connected disabilities, which effectively preclude locomotion without assistive devices. The issue of a special home adaptation grant is dismissed as moot.

The veteran seeks service connection for bilateral hip and knee disabilities, as well as initial ratings in excess of 10 percent for her right and left knee disabilities. The case is being remanded to obtain additional medical records and conduct further examinations.

The veteran's claims for increased ratings and service connection were denied. The left shoulder and cervical spine disabilities are not rated higher than the current 10 percent evaluations.,Service connection was granted for a peri-anal abscess, to include hemorrhoids.

The Board has reviewed the claims for increased evaluations and service connection, but found that the evidence did not meet the criteria for a higher evaluation or service connection in all cases. The appeals are therefore denied.

The Board has determined that the veteran's claims for residuals of a left ankle sprain, left ankle fracture, and osteoarthritis of the left knee are not supported by new and material evidence. The preponderance of the evidence is against these claims.

The Board denied service connection for cervical and lumbar spine disabilities and a left knee disability, finding that the conditions did not manifest during or as a result of active duty.

The veteran's appeal is being remanded to obtain medical records and for further consideration of his claims.

The Board has determined that the veteran's current bilateral knee hypermobile patella does not have a direct relationship to his active service, and therefore denied his claim for service connection.

The veteran's left knee surgery was not considered a medical emergency, and prior authorization for the non-VA care was denied. The claim is denied as all three requirements of VA's payment criteria were not met.

The veteran seeks service connection for skeletal conditions, including left knee, fractured ribs, and a scarred lung. The Board has requested additional service treatment records from the veteran's period of service in 1996 to 1997.

The Board has found that a VA examination is required to determine the existence and etiology of the veteran's claimed right and left knee disorders due to service. The case is REMANDED for this purpose.

The veteran's service-connected left knee disability does not meet the criteria for a TDIU rating as it is not shown to substantially preclude him from securing and following a substantially gainful occupation.

The Board found that the evidence does not support a finding of service connection for a left knee disorder. The right knee disorder and hypertension claims are remanded for further development.

The Board has determined that the veteran does not have current diagnoses of right ankle, left ankle, bilateral foot condition, or left knee disabilities. The evidence does not support a finding that any such disabilities are related to service.

The veteran does not meet the basic eligibility requirements for enrollment in VA's healthcare system due to lack of service-connected disabilities and income above the threshold.

The Board has directed the VA to advise the veteran of the bases of the August 1994 denial and provide him with information regarding disability evaluations and effective date dates, should service connection be established.

The veteran's right knee disability was rated at 30 percent from March 1, 2006. The rating has been maintained.,Service connection for traumatic arthritis of the right knee was granted with a temporary total evaluation from July 21, 2003 to September 30, 2004 and a subsequent 10 percent rating effective September 27, 2002.

The Board found that the veteran's left knee disability did not warrant a rating in excess of 10 percent, as his symptoms were primarily chronic pain with no more than slightly limited flexion.