Knee Board decisions

The Board has determined that the Veteran's current left and right knee disabilities are etiologically related to her active service, resulting in a grant of service connection for these conditions.

The Board denied the Veteran's claims for higher disability ratings for service-connected left and right knee chondromalacia, finding that there was no evidence of additional disability due to instability or other factors warranting a higher rating.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and arranging for a VA examination to assess the severity of his right knee disability and any right foot numbness. The case will also be considered for an extraschedular rating and TDIU.

The Board has granted the Veteran's petition to reopen her previously denied claim for service connection for a bilateral knee disorder. The Veteran now seeks service connection for this condition, which she contends is secondary to her service-connected lumbar spine disability.

The Veteran's knee and hip disabilities, as well as his wrist disabilities, were not present during service or within one year of discharge. The VA examiner concluded that the current diagnoses are less likely related to military service.

The Board has determined that the Veteran's current right knee disability, status post right knee arthroplasty, and low back disability, diagnosed as lumbar spine strain, are related to service. The appeal is granted for these conditions.

The Veteran's service-connected left knee disability warrants a 10 percent rating prior to March 23, 2010 and an increased 20 percent from that date.

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.