Knee decisions — 2010

The Board has reopened the Veteran's claim for service connection for a right knee disorder, but denied both the original and secondary claims for COPD/emphysema. The evidence does not establish that either condition is related to service.

The Board found that the Veteran does not have a current right or left knee disorder related to his military service and denied his claim for service connection. The issue of entitlement to service connection for coronary artery disease is remanded.

The Veteran's claims for service connection and increased ratings were denied. The reduction of the disability rating for gouty arthritis of the right ankle was upheld, but a restoration of a 30 percent evaluation is not warranted.

The Board found that the Veteran's claimed conditions, including a back condition and various knee and ankle issues, were not incurred or aggravated by service. The evidence did not support a finding of direct service connection for these conditions.

The Veteran's claims for increased ratings were denied as his conditions did not meet the criteria for higher disability ratings based on current medical evidence.

The Veteran's claim for payment or reimbursement of medical expenses incurred at St. Mary's Regional Medical Center on January 16, 2007 is denied as the treatment was not in a medical emergency situation and VA facilities were available.

The Veteran's claims for service connection for a left foot disorder, an initial evaluation in excess of 10 percent for left hip disability with pelvic obliquity and pain, and an evaluation in excess of 20 percent for left knee instability prior to July 25, 2008 were denied. The Veteran's claim for separate rating for degenerative joint disease of the left knee prior to July 25, 2008 was also denied.

The Veteran's claim for a rating in excess of 30 percent for GERD from June 10, 2004 was denied. The Board found that the preponderance of evidence indicated considerable impairment of health due to GERD symptoms but did not meet criteria for higher ratings.

The Veteran's claims for service connection for various disabilities are being remanded due to the need for additional examinations and consideration of his claims.,The Veteran is seeking service connection for a left hip disability, right knee disability, low back disability, and frostbite residuals. The Board has requested further examination and review of his medical records to determine if these conditions are related to his service-connected left knee disability or other in-service events.,The Veteran also seeks TDIU based on his service-connected disabilities.

The Board found no evidence of a pre-existing right knee condition prior to service and concluded that any current degenerative joint disease is not related to service. The claim for service connection was denied.

The Board has remanded the case due to the need for additional development, including VA examinations for right shoulder and left knee disabilities.

The Veteran's claims for increased ratings for his bilateral knee disabilities and tinnitus prior to July 10, 2006 were denied. The RO assigned a 100% evaluation effective July 10, 2006, for each knee due to total knee arthroplasty.

The Veteran's right knee disability is being remanded for further examination and opinion to determine if it is related to his service-connected left knee disability or if it was incurred in combat.

The Board denied the Veteran's claims for service connection for a left ear hearing loss disability and a right knee disability, as well as his claim for an increased rating for his service-connected right ear hearing loss disability. The decision also noted that new evidence had been submitted to reopen the left ear hearing loss disability claim.

The Veteran's appeals have been dismissed as he has withdrawn his claims.

The Board finds that the Veteran's current right knee disability is directly related to his in-service injury, and grants service connection for this condition.

The Veteran's service-connected residuals of a left knee tibial plateau fracture are currently rated at 20 percent for the portion of the appeal period from March 21, 2007. The Board finds that he does not meet or approximate criteria for an evaluation higher than 20 percent for this portion of the appeal.

The Board has determined that the Veteran's need for a total knee replacement was due to aggravation of his pre-existing left knee condition during inactive duty training in December 1994.

The Veteran's service-connected disabilities do not render him unemployable, as he is able to perform a sedentary job in a quiet location with face-to-face contact.

The Board denied the Veteran's claims of service connection for a bone ulcer of the right shin, diabetes mellitus, kidney disease, and left knee disability. The evidence did not establish that these conditions were related to service.