Knee decisions — 2009

The Veteran seeks service connection for a right knee sprain that he contends occurred in the same accident as his head injury while parachuting. The RO has agreed that the Veteran sustained injuries in this 2003 parachuting accident, but now needs to determine if the current right knee sprain is related to military service.

The Veteran's appeal is denied as the evidence does not show severe postoperative residuals such as an incompletely healed surgical wound, a need for therapeutic immobilization of the joint, or the necessity for continued use of a wheelchair or crutches because regular weight-bearing was prohibited.

The Veteran's service-connected disabilities do not preclude him from obtaining or maintaining any form of substantially gainful employment consistent with his education and occupational background.

The Veteran's claims for increased ratings and service connection were granted, with the right foot disability being rated at 10 percent. The low back degenerative changes are considered to be proximately due to a service-connected condition.

The Board has determined that the evidence submitted by the Veteran does not raise a reasonable possibility of substantiating his claim for service connection for right knee disability, and thus the application to reopen is denied.

The Veteran's appeal is being remanded for additional development, including a VA examination to determine the nature and etiology of his right foot disorder, left knee disorder, and low back disorder. The claim will be readjudicated after this development.

The Board has granted service connection for right knee, left knee, left shoulder, and right shoulder disabilities based on evidence linking these conditions to an in-service automobile accident.

The Board has remanded the claims due to insufficient reasoning and failure to provide a VA medical examination for clarification of the relationship between the Veteran's service injury and his current knee and shoulder disabilities.

Service connection for left knee disability and hearing loss are denied as there is no evidence of a relationship between the disabilities and service, or continuity of symptomatology from service.

The Veteran's service-connected PTSD and lumbar spine disability have been granted increased ratings, and he is now eligible for a TDIU based on his combined evaluation of 80 percent.

The Veteran's left knee disability, including degenerative joint disease and prosthetic replacement, is currently rated at 30 percent disabling for the periods from January 1, 2003 to July 2, 2003; from July 3, 2003 to October 6, 2004; and from December 1, 2005 to June 3, 2007. The Veteran's claim for an increased rating is granted.

The Veteran's service-connected disabilities do not meet the criteria for a certificate of eligibility for assistance in acquiring specially adapted housing or special home adaptations.

The Veteran's appeal is being remanded for additional development to determine if he is unable to secure or follow a substantially gainful occupation due to his service-connected knee disabilities. If the examination results do not result in a revised rating assignment enabling a grant of TDIU, the case will be forwarded to VA's Under Secretary for Benefits or the Director of Compensation and Pension Service for consideration of an extraschedular rating.

The Board denied the Veteran's appeals for service connection and increased evaluation of his right wrist disability, finding that the current level of disability did not warrant a rating in excess of ten percent.

The Board has found that the Veteran's bilateral hearing loss is etiologically related to active service and granted his claim for service connection.

The Veteran's unauthorized medical expenses incurred on May 17, 2008 were for a medical emergency of such severity that delay would have been hazardous to his health. The closest VA facility was not feasibly available due to the Veteran's inability to drive.

The Board denied service connection for right ankle strain and right knee disability, but granted a 50% rating for posttraumatic stress disorder.

The Board has determined that additional development is required in order to properly adjudicate the Veteran's claims, including obtaining SSA records and providing VCAA notification.

The Board found that the Veteran's right knee arthritis was not incurred in or aggravated by active service and is not proximately due to or the result of a service-connected left knee disability. The claim for service connection was denied.

The Veteran's claim for special monthly pension based on the need for regular aid and attendance or housebound status was denied as he does not meet the criteria for either benefit.