Knee decisions — 2009

The Board denied the Veteran's claims of service connection for left and right knee disabilities, finding that new and material evidence had not been received to reopen his claim of service connection for residuals of a low back injury. The decision also noted that there was no evidence showing that the current knee disabilities were related to service.

The Veteran's initial compensable ratings for his service-connected right shoulder, lumbosacral spine, right knee, and left knee disabilities have been denied. The VA examiner found no limitation of motion or additional functional loss due to pain, fatigue, weakness, or lack of endurance.

The Board has remanded the case for additional development due to issues regarding service connection for cervical spine, lumbar spine, and left knee disorders. The Veteran's claims are not about a presumption of exposure or new evidence.

The Veteran's appeal for increased ratings for his right knee disability has been withdrawn prior to the Board's decision.

The Veteran's service-connected status-post patellectomy of the left knee with instability is currently rated at 20 percent, and a separate 10 percent rating for degenerative joint disease of the left knee is granted.

The Board denied the Veteran's claims for service connection for residuals of injuries to his right hand and right knee, finding no evidence of a causal relationship between these conditions and any incident of service.

The Veteran's initial evaluations for arthropathy of the right and left acromioclavicular joints, as well as his patello-femoral syndrome of the left knee, have been granted. However, he is not entitled to a higher evaluation for his scar on the left shoulder.

The Veteran's service connection claims for major depression, PTSD based on personal assault, asthma (claimed as secondary to asbestos exposure), and a right knee condition were denied. The denial is due to the lack of evidence supporting these conditions or their relationship to service.

The Veteran's left knee disabilities have been diagnosed but the evidence does not support a finding that these conditions had their onset in service or within one year of service. The Board finds that his claims for service connection must be denied.

The Board has determined that additional evidence must be obtained to properly adjudicate the Veteran's claims for service connection for left knee and low back disabilities.

The Board has determined that new and material evidence has not been submitted to reopen the Veteran's claim for service connection for a left knee disability. The Veteran's TDIU claim is also denied as his disabilities do not preclude him from obtaining and maintaining substantially gainful employment.

The Board has determined that the evidence does not support reopening the claim of service connection for bilateral hip degenerative joint disease. The Veteran's current evaluations for his knee disabilities are found to be appropriate based on the severity of his symptoms and impairment.

The Board found that the Veteran's right knee disorder is not service connected, as there was no evidence of a direct connection to his military service and the medical opinion stated it is less likely than not secondary to his service-connected left knee condition.

The Veteran's claims for service connection for synovitis of the right knee and lumbar spondylosis, claimed as low back injury were denied. The Board found no evidence linking these conditions to his active duty.

The Veteran's right knee replacement resulted in a current rating of 30 percent, which is the maximum available under Diagnostic Code 5055. The Board finds that his symptoms do not warrant an increased rating.

The Veteran's right knee disability is rated at 30 percent and his left knee replacement is effective September 11, 2007. The Veteran was granted service connection for the left knee replacement but denied a TDIU due to his service-connected disabilities not preventing him from securing or following all substantially gainful occupations.

The Veteran's claims for increased ratings for his right knee, femur fracture, and ankle fractures are being remanded due to the need for additional examinations and consideration of new evidence.

The Board has determined that new and material evidence has not been presented to reopen the claim for service connection for a left knee disability, as the provided evidence does not relate to an unsubstantiated fact necessary to substantiate the claim.

The Veteran's unauthorized medical expenses for emergency services at Bridgton Hospital on December 15, 2007 are granted as the treatment was necessary due to an emergency and no VA facility was feasibly available.

The Board denied the Veteran's claims of service connection for right and left knee disorders, as well as his claim for a compensable disability rating for bilateral hearing loss. The Board found no evidence linking these conditions to his military service.