Knee decisions — 2011

The Board has determined that new and material evidence has not been received to reopen the claim of service connection for a burn scar on the right leg. The Veteran's pre-existing burn scar did not undergo an increase in severity beyond normal progression during military service.

The Board has determined that the Veteran's currently diagnosed lumbar strain is at least as likely as not related to his service, specifically during physical therapy for his right ankle disorder. The issue of entitlement to service connection for a right knee disorder is addressed in the REMAND portion of this decision.

The Veteran seeks payment or reimbursement for unauthorized medical expenses incurred at the Eye Center in Denver, Colorado on January 17, 2007. The NAPC has approved payment to Swedish Hospital for emergency treatment related to a fall injury and referral to the Eye Center. However, without records from Swedish Medical Center regarding the Veteran's return visit, the Board cannot determine if the Eye Center treatment was part of the approved emergency care.

The Board found no evidence of herbicide exposure during service and denied the Veteran's claims for diabetes mellitus Type II, arthritis of the left knee, hypertension, and gout as they are not related to service.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is being remanded for further development, including the provision of an updated VA examination and readjudication.

The Board has determined that the Veteran's right knee strain is a result of an injury sustained during service, and thus grants service connection for this condition.

The Veteran's claim for an increased rating for postoperative residuals of a fasciotomy of the right thigh was denied. The RO assigned a 40 percent evaluation, which is the maximum available under Diagnostic Code 5314.

The Veteran's claim for service connection for bilateral hearing loss is denied as he does not currently have a disability that meets the VA definition of hearing loss. The claims for hip, low back, left knee, and left ankle disabilities are remanded to obtain treatment records from Hohenfels, Germany, and to provide an opinion regarding their etiology.

The Veteran's right knee medial meniscus tear was initially granted service connection and assigned a noncompensable evaluation effective July 13, 2006. The June 23, 2010 VA examination is the first evidence of additional symptoms warranting an increased rating.,As of June 23, 2010, the Veteran's right knee disability was evaluated at a 10 percent rating for limitation of motion and a separate 10 percent rating for instability. The effective date for this staged evaluation is June 23, 2010.

The Board has determined that additional VA examinations are needed to assess the current severity of the Veteran's service-connected right knee and back disabilities, as well as obtaining any pertinent private treatment records. The case is being remanded for these actions.

The Board has decided to remand the claim for a right knee and leg disorder, including numbness due to inadequate medical nexus opinion. The Veteran must undergo another VA examination to provide an opinion on whether his current condition is related to service.

The Veteran's appeal for an earlier effective date for the grant of service connection for degenerative disc disease of the lumbar spine was denied. The claim for TDIU remains pending.

The Veteran's claims for increased ratings and service connection were denied. The reduction of the rating for bilateral maxillary sinusitis was upheld, but her claim for an increased rating for allergic rhinitis was denied.,Her request to reopen a claim for service connection for painful elbows, wrists and fingers was denied as new evidence did not establish a link with service.

The Board has granted service connection for right knee arthritis and remanded the left knee arthritis claim, increased rating for post-operative residuals of Swanson implant and subsequent removal, fractured right great toe with traumatic arthritis, and dismissed the SMC based on housebound status claims.

The Veteran's service-connected disabilities, including diabetes mellitus (DM), right below-knee amputation associated with cellulitis and gangrene, left lower extremity peripheral neuropathy, and erectile dysfunction, are found to render him unemployable. The RO is directed to schedule the Veteran for a VA examination to assess his current employability due to these disabilities.

The Board has determined that the Veteran's right and left knee osteoarthritis are related to active service, while his bilateral shin disorder is not.,VA medical examinations have supported the Veteran's claims for right and left knee osteoarthritis, attributing them to parachute injuries during active service.

The Board denied the Veteran's claims of entitlement to service connection for bilateral knee disability, bilateral ankle disability, and left leg disability. The evidence did not establish direct service incurrence or aggravation.

The Board found that the Veteran's right knee disability is at least as likely as not related to his military service, and denied claims for bilateral foot disabilities, decreased libido (erectile dysfunction), and loss of use of a creative organ.

The Board found that the Veteran's suicide was not caused by any service-connected conditions, and denied claims for service connection for cause of death.

The Veteran's lumbar strain was rated at 10 percent prior to August 11, 2009 and increased to 20 percent beginning that date. The scar from the right inguinal hernia repair remains noncompensable.