Knee decisions — 2003

The Board found no evidence of a left knee disability in service and concluded that the veteran's current left knee condition is not related to his military service.

The Board denied the veteran's claims of entitlement to service connection for a skin or foot disability, claimed as residuals of 'jungle rot', and for shrapnel wounds to the right knee. The claim for PTSD was granted.

The veteran's service-connected left knee disability, including degenerative joint disease and instability, is currently rated at 20 percent for the period from April 27, 2000 to May 1, 2000. The RO has also granted a separate 10 percent rating for instability of the left knee. Additionally, the veteran's convalescence following multiple surgeries on her left knee is recognized and rated as temporary total disability.

The Board has remanded the case for further development due to incomplete notice under the VCAA and other procedural issues.

The veteran's claim for special monthly compensation based on the need for regular aid and attendance of another person or housebound status is being remanded due to the need for further examination and development.

The Board found no evidence of fault or negligence on the part of VA in providing medical treatment for a right foot ulcer, and concluded that the veteran's right knee disability was not caused by such treatment. The appeal is denied.

The Board has determined that new and material evidence was received to reopen the veteran's claims for service connection for low back and bilateral knee disabilities. However, the preponderance of the evidence is against these claims as there is no competent medical evidence relating current disabilities to service.

The Board has denied the veteran's claims for reopening service connection for anxiety neurosis, right knee injury, and left kidney disability due to lack of new and material evidence.

The Board denied the appellant's claims for service connection for the cause of her husband's death and DIC benefits under the provisions of 38 U.S.C.A. § 1318, finding that no new and material evidence had been submitted to reopen these claims.

The veteran's claims for increased ratings for his chondromalacia of the right and left knees are being remanded due to inadequate examination reports.

The Board denied the veteran's claims of entitlement to service connection for left hip, leg, and knee pain, residuals of a concussion, and depression as due to Accutane use during military service.

The Board has remanded the case for further development, including obtaining medical opinions and records to determine if the veteran's right knee and low back disabilities are related to his service-connected left leg disability.

The veteran's service-connected disabilities, including a frozen right shoulder and traumatic arthritis of the left knee, do not prevent him from securing or following a substantially gainful occupation.

The Board has remanded the case for additional development, including obtaining medical records and issuing a statement of the case on the issue of service connection for status post left great toe avulsion.

The Board denied an earlier effective date for the award of Total Disability Rating Based on Individual Unemployability (TDIU) because the increase in disability was not ascertainable more than one year prior to the date of the application.

The Board denied the veteran's claims for service connection for PTSD and an increased evaluation for his left knee disability. The veteran was not granted service connection for PTSD due to lack of evidence linking it to in-service stressors, but he was awarded a 20% evaluation for traumatic arthritis of the left knee.

The veteran has withdrawn his appeal on all issues related to increased ratings for service-connected PTSD, right knee injury, and shell fragment wound of the right forearm.

The veteran's appeal is being remanded to the RO for additional actions, including obtaining treatment records and scheduling a VA examination of his right knee. The case will be readjudicated after these steps are completed.

The Board has determined that the veteran does not currently suffer from bilateral hearing loss disability for VA compensation purposes and therefore, service connection for this condition is denied.

The Board granted a higher rating of 20 percent for the veteran's right knee disability, which includes postoperative residuals of a tibial plateau fracture and chondromalacia. The disability is rated under the code pertaining to malunion of the tibia.