Knee decisions — 2009

The Board finds that the service-connected left knee disability played a role in causing the Veteran's right knee degenerative changes, leading to his recent total knee replacement. Therefore, secondary service connection is granted.

The Board has determined that the appellant's claims for increased evaluations for his sinus, right elbow, right knee, peripheral neuropathy of both lower extremities, and bilateral plantar fasciitis disabilities have been denied as there is no evidence to support a higher evaluation under the applicable rating criteria.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Veteran meets the criteria for special monthly pension on account of being housebound due to his multiple disabilities independently rated at more than 60 percent.

The Veteran's unauthorized medical expenses for treatment at a non-VA hospital from January 3, 2007 to May 22, 2007 are denied as the treatment was not required by an emergency and no VA facility was feasibly available.

The Veteran's left knee disability was rated as noncompensable prior to September 8, 2006, and as 10 percent disabling effective from that date.

The Veteran's service-connected patellofemoral syndrome with post-operative scarring of the right knee is currently rated at 10 percent, and no higher rating is warranted based on current evidence.

The Board found that the Veteran's left knee disability was not incurred in or aggravated by service and denied his claim.

The Board denied the Veteran's claims for increased ratings for his left knee meniscectomy with instability and arthritis with painful motion, finding that the evidence did not support a higher rating based on limitation of motion or other criteria.

The Board finds that the Veteran's right knee patellofemoral syndrome with arthritis is incurred in service, resolving all reasonable doubt in his favor.

The Board has determined that the Veteran does not have current diagnoses of low back pain, right knee disorder, or bilateral ankle pain. Therefore, service connection for these conditions is denied.

The Board denied the Veteran's claims for increased disability ratings for his left and right knee disabilities, as well as service connection for secondary conditions related to these knees. The Veteran's service-connected disabilities do not preclude him from engaging in substantially gainful employment.

The Veteran's appeal to the Board was timely filed, as evidenced by his correspondence indicating he wished to appeal and receipt of a Statement of the Case (SOC).

The Veteran's claims for service connection for bilateral hip and low back disabilities are being remanded due to the need for additional development, including VA examinations.

The Veteran's claims for increased ratings were denied as the evidence did not show that his service-connected conditions warranted a higher rating.

The Veteran does not have a diagnosed thoracolumbar spine, right shoulder, right elbow, bilateral ankle, or right knee disability that was incurred in service. The Veteran's hearing loss is also not considered to be related to service.

The Board found that the Veteran's left knee disorder was not incurred during active service and denied his claim for service connection.

The Veteran's combined disability rating is not at least 70% due to his service-connected disabilities, and the VA examiner found that he was employable in a sedentary position despite his service-connected conditions. Therefore, TDIU is denied.

The Board found that the Veteran's left knee degenerative joint disease was not incurred in or aggravated by active military service, may not be presumed to be related thereto, and is not proximately due to, the result of, or aggravated by a service-connected disability.

The Veteran's claims for service connection for a right knee disability, left ear hearing loss, and tinnitus are being remanded due to the need for additional medical examinations and opinions.