Knee decisions — 2013

The Board has remanded the case for further development due to insufficient evidence regarding whether the Veteran's left knee disability was aggravated by service.

The Board denied the Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred on May 10, 2007 at BryanLGH Heart Institute (BHI) because the treatment was not rendered in an emergency situation and a VA facility was feasibly available.

The Veteran's right knee instability is rated at 30 percent, and his arthritis is rated at 10 percent. The TDIU claim remains in appellate status.

The Veteran's claim for service connection for a right knee disability is being remanded due to inadequate examination and the need for further development, including obtaining updated medical records and scheduling a new VA examination.

The Veteran's claim for higher ratings for his right knee disability was denied. The RO found that the evidence did not support a rating higher than 20 percent before March 10, 2011 and 40 percent from March 10, 2011.

The Board has determined that additional development is necessary before the claims for service connection for bilateral knee disorder and acquired psychiatric disorder can be decided.

The Board denied service connection for various conditions, including a neck condition, numbness in the right leg, compression neuropathy of the left leg, bilateral hip and knee conditions, and allergic rhinitis. The Veteran's claims were not supported by competent evidence linking these conditions to his military service.

The Veteran's appeal is being remanded for additional VA examinations and to obtain any outstanding treatment records. The claims will be readjudicated after the requested actions are completed.

The Board has granted service connection for degenerative arthritis of the right knee as secondary to the Veteran's service-connected status post right ankle fracture.

The Veteran's representative has withdrawn the appeal regarding the restoration of a 20 percent disability rating for right knee patellofemoral syndrome.

The Veteran's right knee disability has been manifested by painful motion with functional loss equating to limitation of flexion no worse than 45 degrees, warranting a 20 percent rating under Diagnostic Code 5260.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining medical records and conducting VA examinations.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining medical records and conducting VA examinations.

The Veteran's appeal is being remanded for further development due to inadequate VA examinations and the inextricability of his TDIU claim with his PTSD claim.

The Board found that the Veteran's current knee disabilities are less likely than not incurred in or caused by service injury, event, or illness.

The Veteran's service-connected residuals of right knee replacement are rated at 30 percent, the minimum rating available after one year following surgery. The evidence does not meet the criteria for a higher rating as it fails to demonstrate ankylosis or nonunion with loose motion.

The Board has determined that the appellant's claimed disabilities, including peripheral neuropathy of the lower extremities, right hip disability, bilateral knee disabilities, and lower back disability, are not related to his active service. The evidence does not support a finding that these conditions were incurred or aggravated by military service.

The Board has determined that the Veteran's right knee disorder is not related to his service and therefore denied his claim for service connection.

The Veteran's claim for a higher rating for his left leg disability, including the fractures and arthritis of the knee, was denied. The highest schedular rating assignable under DC 5262 (for impairment of tibia and fibula) is granted.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, warranting a TDIU rating.