Knee Board decisions

The Board has determined that the Veteran does not have a currently diagnosed bilateral knee or low back disability, and thus service connection is denied.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of service connection for arthritis of the knees. The claim is granted as the Veteran's arthritis of the knees developed as a result of his active service.

The Board has determined that the Veteran does not have current right knee or low back disabilities, and therefore cannot establish service connection for these conditions.

The Veteran's claims for service connection for degenerative joint disease of the left and right knees are being remanded due to incomplete service treatment records. The Board will seek alternative sources of evidence, conduct a new VA examination, and provide an opinion on the etiology of the Veteran's knee disorders.

The Board denied service connection for lumbar strain (claimed as low back pain, claimed as secondary to service-connected residuals of fracture, left femur, with left knee strain) and tinnitus. The claim for an increased evaluation in excess of 10 percent for disability resulting from residuals of fracture, left femur, with left knee strain was also denied.

The Veteran's claims for service connection and increased ratings have been granted, with the exception of his request for a TDIU. The conditions are related to his active military service.

The Board has determined that the Veteran's bilateral knee disorders, including arthritis resulting in total knee replacement surgery, were not incurred or aggravated during service and may not be presumed to have been incurred in service.

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.