Knee decisions — 2011

The Board found that the Veteran's right knee disorder did not meet or approximate criteria for a higher evaluation than 10 percent during the appeal period.

The Board has remanded the Veteran's claims due to the need for additional development, including VA examinations to assess the nature and etiology of his low back disorder, bilateral knee disorders, and acquired psychiatric disorders.

The Board has denied the Veteran's claims for service connection for various conditions, including right inguinal hernia, astigmatism, arthritis of the hands and knees, and Eustachian tube dysfunction. The evidence did not establish a link between these conditions and his military service.

The Board has determined that new and material evidence has not been presented to reopen the Veteran's claims for service connection for thoracic spine, lumbar spine, bilateral hearing loss, and left knee disabilities. The claims are therefore denied.

The Veteran's bilateral knee disability was granted service connection, and he is currently rated at 10 percent for his low back strain. The sinusitis rating remains at 0 percent.

The Veteran's sleep apnea claim has been granted, and his right knee instability rating was reduced from 20% to noncompensable effective January 1, 2009.,The reduction of the right knee disability rating was proper as there is evidence showing that the Veteran did not have knee instability at the time of the reduction.

The Veteran's claims for increased ratings for bilateral sensorineural hearing loss and right knee disability were denied. The Veteran's bilateral hearing loss was rated as noncompensable, while his right knee disability was rated at 10 percent.

The Veteran's diabetes mellitus is rated at 40 percent, the maximum available rating.,The Veteran's degenerative joint disease of the cervical spine is rated at 30 percent based on limitation of motion.

The Veteran's appeals for increased ratings on several service-connected conditions have been withdrawn, and the claims are dismissed.

The Board has determined that the Veteran does not have any permanent residual disabilities resulting from injuries sustained during his National Guard service, and therefore, he is not entitled to service connection for residuals of a left elbow injury, cervical spine strain, lumbar spine strain, or hyperextension injuries to both knees.

The Veteran's unauthorized medical expenses incurred at a private hospital on June 12, 2006 were not for an emergency condition. The Board found that the criteria for payment of or reimbursement under 38 U.S.C.A. § 1725 and the implementing regulations were not met.

The Veteran's right knee disability was granted a 10 percent rating from February 18, 2009 to June 2, 2009. From December 2, 2008, the claim for a 10 percent rating under 38 C.F.R. § 3.324 was denied as it lacked legal merit.

The Veteran's claims for increased ratings and effective dates were denied. The Board found that the diabetes mellitus did not warrant an evaluation in excess of 20 percent, as it only required a restricted diet and insulin.

The Veteran's claim for increased ratings for his right knee disability was denied. The Board found that the evidence did not meet the criteria for a higher evaluation prior to January 17, 2008 and from March 1, 2009 forward.

The Board has granted service connection for arthritis of the right knee, finding that it is presumed to have occurred during active military service. The other claims are denied.

The Veteran's need for regular aid and attendance due to service-connected disabilities has been established, allowing him to receive additional monthly compensation.

The Veteran's claim for an increased rating for chondromalacia of the right patella was denied, and his service connection claim for osteoarthritis of the left knee was also denied. The decision is final as no SOC has been issued.

The Veteran's claim for service connection for bilateral hearing loss was reopened and granted. Service connection was also granted for left lower extremity, right lower extremity, and bilateral ankle disabilities. The Veteran did not have service-connected right hand cellulitis or low back disability. A 10 percent rating was assigned for bilateral foot disability.

The Board has determined that the Veteran's right knee disorder is as likely as not related to his service, including any in-service diagnosis of chondromalacia and complaints of right knee pain. Therefore, service connection for a right knee disability is granted.

The Veteran's case is being remanded for further examination and to provide the Veteran with another hearing before a Veterans Law Judge.