Knee decisions — 2008

The veteran's treatment at TCH from October 14, 2006 to November 9, 2006 was for an emergent condition and VA facilities were not feasibly available. The claim was timely filed, the veteran is financially liable, and he did not have other applicable health coverage.

The Board has determined that the veteran's condition prior to transfer from North Collier Hospital was emergent, and that transferring him to Southwest Florida Regional Medical Center for further evaluation and treatment was reasonable given the risk of delay. As a result, reimbursement for non-authorized emergency medical care is granted.

The Board granted a 30 percent rating for the veteran's right knee disability effective from April 1, 2008.

The Board has determined that new and material evidence has not been submitted to reopen the claims for service connection for bilateral hearing loss, a mental disorder (including depression), and bilateral knee disorders. The claim for service connection for a bilateral ankle disorder is also denied.

The veteran's claims for increased ratings for right ear hearing loss and bilateral hearing loss were denied. The RO found that the veteran did not meet the criteria for a compensable rating under VA's hearing impairment rating schedule.

The Board has remanded the case due to incomplete medical records and a need for an updated VA examination. The veteran is seeking service connection for right and left knee disabilities.

The Board denied the veteran's claims of service connection for various conditions, including rheumatic fever with heart murmur, ear disability, a left knee disorder, back disorder, shortened right leg, acquired psychiatric disorder (PTSD), and lower extremity neuropathy. The decision found that these conditions were not incurred or aggravated by service.

The Board denied an increased disability rating in excess of 20 percent for the veteran's service-connected left knee disorder with degenerative changes, finding that his instability does not warrant a higher rating.

The Board denied increased ratings for postoperative degenerative arthritis of the right knee, degenerative arthritis of the left knee, and bilateral pes planus.

The Board has determined that the issues are more accurately characterized as claims for service connection for a back injury, 'depression (previously claimed as dysthymia)', PTSD, and a right knee/leg injury. The case is REMANDED to the RO via the Appeals Management Center (AMC) in Washington, DC.

The Board has determined that additional evidentiary development is required prior to the adjudication of the veteran's claim for service connection for rheumatoid arthritis of the hands, elbows, shoulders and knees.

The Board denied the veteran's claims for service connection for various conditions, including right knee condition, left knee condition, tinnitus, COPD/asthma, PTSD, bilateral hearing loss, diabetes mellitus, neuropathy of the legs and arms, and loss of use of a creative organ. The denial is based on lack of evidence linking these conditions to service or other presumptive exposure.

The Board has remanded the case for a VA examination to determine if the veteran's right knee disability is related to his service-connected scar from a punji stick wound, and whether it was aggravated by any post-service incidents.

The veteran's service-connected conditions do not preclude him from securing or following a substantially gainful occupation.

The Board has remanded the case for further development, including scheduling a VA examination and obtaining additional medical records.

The Board denied the veteran's claims for compensation under 38 U.S.C.A. § 1151 for a left below the knee amputation and an infection of his left hip arthroplasty, as well as SMC based on need for regular aid and attendance or being housebound due to service-connected disabilities.

The Board finds that the veteran's current left knee disorder is not related to his military service and denies his claim for service connection.

The veteran's service-connected disabilities, including cervical spine fracture with arthritis and disc disease, rated as 40 percent disabling; and chondromalacia patella of the right knee with probable patellar tendon rupture, rated as 20 percent disabling, render him unable to secure or follow a substantially gainful occupation. The Board has granted consideration for an extra-schedular TDIU evaluation.

The Board has determined that the veteran's claimed left knee, right knee, and low back disorders are not service-connected as they did not manifest during active duty or were not aggravated by service.

The Board has determined that the veteran's bilateral knee disability is etiologically related to his military service, and thus grants service connection for this condition.