Knee decisions — 2014

The Board has dismissed the appeals for increased ratings and temporary total rating as the Veteran withdrew her appeal in May 2012. The claim for an earlier effective date prior to July 28, 2009 for the grant of service connection for status post hysterectomy with bilateral salpingo-oopherectomy secondary to service-connected Crohn's disease is denied.

The Board has determined that the Veteran's neck, bilateral hip, lower back and bilateral knee disorders were not incurred in or aggravated by active service. The evidence does not establish a nexus between these conditions and his military service.

The Board has determined that the Veteran does not have a current disability of right knee or right wrist, and his service connection claims for right hip osteoarthritis are denied. The Veteran's claim for TDIU is also denied as he does not meet the criteria for a TDIU rating.

The Veteran's left knee disability was initially rated as noncompensable prior to August 10, 2012. After that date, he is entitled to a separate rating of 20% for subluxation and lateral instability, but not higher ratings.

The Veteran's claim of service connection for bilateral knee disabilities was denied in August 2008. The Board found that the condition preexisted service and was not aggravated by service. New evidence received since then does not relate to an unestablished fact necessary to substantiate the claim, but it does raise a reasonable possibility of substantiating the claim as it shows possible in-service incurrence and evidence of nexus. However, the Veteran did not have a current disability during the period on appeal. The cause of death was unrelated to service-connected disabilities. The Veteran had no pending claims for compensation or pension at the time of his death. He served during a period of peace, not war. Therefore, he is not eligible for nonservice-connected death pension benefits or burial benefits.

The Veteran's unauthorized medical expenses incurred at Fremont Area Medical Center on June 21, 2010, and June 22, 2010, are approved as the nearest VA facility was not feasibly available and a prudent layperson would have sought treatment from a private hospital.

The Veteran's lumbar spine disability is rated at 20 percent, and his right knee instability and patellar fracture are each rated at 10 percent.,Both conditions have been granted service connection based on direct service connection.

The Board found that the Veteran's current left knee disability is not related to her military service and denied both her claim for direct service connection as well as any secondary service connection claims.

The Veteran's claim for service connection for degenerative joint disease of the right knee, claimed as secondary to his service-connected laxity of left knee, is pending and requires additional development.

The Board has granted service connection for gout but denied service connection for a bilateral knee disorder, finding that the Veteran's knee disability is not related to his service-connected lumbar spine disability.

The Board has reopened the Veteran's claim of entitlement to service connection for a lung condition, but remands the case for further development and consideration.

The Veteran's claim for a rating in excess of 30 percent for his left knee total joint replacement was denied. The effective date for the 30 percent rating remains pending.

The Veteran's claims for service connection for left and right knee disabilities, as well as lumbar spine disability, have been denied. The Board found no evidence of a chronic condition in service or post-service that is related to the Veteran's current conditions.

The Board has granted service connection for Degenerative Joint Disease (DJD) of the right hip and DJD of the right knee based on a finding of continuous symptoms since service separation.

The Veteran's claims for increased ratings for his left and right knee degenerative joint disease are being remanded to the RO for further development of medical records.

The Veteran's appeal is being remanded due to issues with the timing of his initial appeals for increased ratings on his service-connected left knee and right ankle disabilities. The case will be returned to the Board after issuance of a statement of the case.

The Board has reopened the claim of service connection for a right knee disability and granted service connection on a secondary basis to the service-connected left knee disability.

The Board has determined that the Veteran's right and left ankle disabilities, as well as his right and left knee disabilities, hypertension, and sleep apnea are all service-connected.

The Veteran's appeal for service connection for obstructive sleep apnea, claimed as secondary to spontaneous pneumothorax, has been dismissed due to his withdrawal of the appeal.

The Board has reopened the claims for service connection for thoracolumbar spine, left knee, and right knee disabilities. The Veteran's back and leg conditions are being evaluated as secondary to his service-connected hallux valgus with degenerative joint disease.