Knee decisions — 2010

The Board has denied the Veteran's claims for service connection for Hepatitis C, a lung disability, and a lower back disability due to lack of evidence linking these conditions to his military service.

The Veteran's appeal for service connection on the issues of back disability and arthritis, left knee disability, renal failure, and bilateral hearing loss has been dismissed due to withdrawal by the Veteran.

The Board found no current disability of either knee and denied service connection for bilateral knee arthritis. The left ankle fracture was also denied as the pre-service injury did not aggravate during service.

The Veteran is seeking service connection for a left knee disorder that he believes is related to and aggravated by his service-connected left ankle condition. The Board has determined that an additional medical opinion is needed to address whether the current left knee disorder was caused or aggravated by the service-connected left ankle condition.

The Veteran's claim for an increased rating for his service-connected total left knee replacement was denied by the RO, as the evidence did not show that his disability warranted a higher rating than 30 percent.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for a bilateral knee disorder. However, the most probative evidence indicates that the Veteran's current bilateral knee disorder is not related to his military service.

The Board found that the Veteran's right knee disability, diagnosed as osteoarthritis, warranted a 10 percent rating based on limitation of motion. The preponderance of evidence did not support higher ratings for pain or instability.

The Board has granted service connection for the Veteran's left knee disability, finding that it was aggravated by active service.

The Board has remanded the case due to incomplete service treatment records and additional evidence submitted by the Veteran. The issue of entitlement to service connection for a left knee disorder will be reviewed with consideration of all applicable laws and regulations.

The Board has determined that the Veteran's bilateral knee disabilities do not warrant an evaluation in excess of 10 percent under the applicable rating criteria.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Alegent Immanuel Medical Center in Omaha, Nebraska on April 19, 2007 is denied as the criteria for emergency treatment were not met.

The Veteran's claims for initial higher ratings for peripheral neuropathy of the lower extremities are denied. The Board found that the evidence did not meet the criteria for a rating higher than 10 percent before November 17, 2008, and an initial rating higher than 20 percent from November 17, 2008.

The Board has determined that the Veteran's claimed left hip, right knee, and left knee disabilities are not service-connected as they are considered to be related to her service-connected low back disability.

The Board denied the Veteran's claims for service connection for bilateral knee degenerative joint disease and lumbar strain, finding no evidence of in-service injury or chronic disability that could be linked to his current conditions.

The Veteran's arthritis of the knees is related to his period of active service and has been granted service connection.

The Board has determined that the Veteran's low back and left knee disabilities are causally related to service, granting his claims for service connection.

The Veteran's lumbar spine strain is found to have originated during his period of active military service. However, there is no current evidence of bilateral hip strain or bilateral tibial shaft stress reaction (including bilateral knee stress reaction).

The Board found that the Veteran's right knee disability is not related to service and denied his claim for service connection. The rating for his right wrist disability was also confirmed.

The Board has determined that the Veteran's current bilateral knee disability did not develop during service and is unrelated to his active duty. As such, service connection for this condition cannot be granted.

The Board has granted service connection for depression, finding that it was aggravated by the Veteran's service connected disabilities. The bilateral knee disability and TDIU claims are remanded due to inadequate development.