Knee decisions — 2008

The Board has reopened the veteran's claims of service connection for a back disorder, knee disorder, and an acquired psychiatric disorder. The new evidence received since the last final denial supports these claims.

The Board denied the veteran's claims for increased ratings for his service-connected lumbar spine and right knee disabilities, finding that the evidence did not meet the criteria for a higher rating under the applicable VA rating criteria.

The veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is being remanded for further development, including obtaining VA examination(s) and clarifying whether the veteran is raising a claim for service connection for a bilateral hip disorder.

The veteran's right and left knee chondromalacia with degenerative joint disease do not meet the criteria for a disability rating in excess of 10 percent.

The Board has determined that the veteran's bilateral knee disability preexisted service and was not aggravated by service, thus denying the claim for service connection.

The Board has determined that the current 20 percent rating for the veteran's right knee condition is not appropriate and a new examination is needed to determine the correct disability rating.

The Board overturned the reduction of the veteran's disability rating from 40 percent to 10 percent, finding that the procedural requirements for reducing a disability rating were not met. The veteran was granted restoration of her original 40 percent rating.

The Board denied service connection for degenerative joint disease of the knees and tinnitus, finding no evidence linking these conditions to military service. The claim to reopen a bilateral hearing loss disability was also denied due to lack of new and material evidence.

The Board denied the veteran's claims for service connection for arthritis of the left and right knees resulting in total bilateral arthroplasty, finding that there was no evidence linking his current disabilities to his military service.

The veteran's unauthorized medical expenses incurred at non-VA facilities for aortic dissection were not reimbursable under VA regulations because the treatment was not related to a service-connected disability.

The Board found that the veteran's right knee disability is not related to service and denied his claim.

The Board has determined that the veteran's treatment on February 25, 2006 at Claremore Regional Hospital was rendered for a medical emergency and that VA or federal facilities were not feasibly available to him. Therefore, payment or reimbursement of unauthorized private medical expenses incurred is granted.

The Board has denied the veteran's claim for service connection for an above-the-knee amputation of the left leg, attributing it to a skin disorder that had its onset during active service and is not otherwise related to his service.

The veteran's service-connected disabilities, singly or in combination, precluded him from obtaining and maintaining substantially gainful employment during the periods specified.

The Board denied service connection for left knee, right shoulder, left shoulder, low back, and cervical spine disorders due to lack of evidence linking these conditions to service.,Service connection was not granted as there is no medical evidence showing a current disability related to the veteran's parachute injury in service.

The veteran's service-connected knee disorders have been rated at 10 percent each since December 4, 2002. The RO has granted increased ratings for the right and left knees.

The veteran's claims for increased ratings were denied. The RO assigned separate and higher evaluations for the right knee disorder, but denied all other claims.

The veteran's service-connected disabilities result in his needing assistance with activities of daily living such as transferring himself from bed to wheelchair, standing, and dressing. The Board finds that the veteran meets the criteria for aid and attendance due to his right knee disability causing poor balance and ambulation.

The Board found that there was no evidence of a left knee disability during service or for many years thereafter, and the preponderance of the evidence is against a finding that the veteran's service-connected right knee disability caused or aggravated his claimed left knee disability.

The veteran's twisted ankle, low back disability, and right knee disability are not service-connected as they do not have a direct link to his military service.,Service connection for hypertension is denied because the condition existed prior to service and there is no evidence of aggravation during service. The current diagnosis is considered preexisting.,The heart condition is also denied as secondary to hypertension, with the earliest indication being 18 years after service discharge.