Knee decisions — 2003

The Board denied the veteran's claim for compensation benefits under 38 U.S.C. 1151 due to additional left knee disability resulting from surgery performed at a VA facility in July 1992, finding that it was not well grounded.

The Board has determined that additional evidentiary development is needed for the claims on appeal, including a VA examination of the knee and clarification regarding the veteran's hearing loss claim. The veteran will be provided with VCAA notice and given an opportunity to respond.

The Board finds that there is no evidence of a low back or right knee disability during military service, and the preponderance of the competent medical evidence does not support a finding that current disabilities are related to such service.

The Board denied service connection for a right knee disorder and remanded the issue of service connection for a sinus/allergy condition.

The Board denied the veteran's claims for increased ratings and to reopen his service connection claims, finding that the evidence did not meet the criteria for a higher rating or new and material evidence.

The Board has granted service connection for a left knee disability and denied a compensable rating for the veteran's left ankle disability. The left knee disability is found to be secondary to his service-connected left ankle disability.

The Board has granted a 30 percent rating for the veteran's right knee retropatellar pain syndrome and an initial 20 percent rating for his right hip strain, both of which were previously rated as noncompensable.

The veteran's claim for an initial disability rating in excess of 10 percent for mild varus deformity of the left knee, secondary to service-connected residuals of a left foot disorder was denied by the RO.

The Board has determined that the veteran's right hip disorder, left knee arthritis, and left ankle disorder are not related to his service-connected right knee disability. The claims for these conditions have been denied.

The Board is considering whether new and material evidence has been submitted to reopen a claim for service connection for right knee disability. The veteran's case involves the reopening of an existing claim, but the decision on the merits (service connection) remains pending.

The Board has determined that the veteran's hypertension and left knee disorder were not incurred in or aggravated by his active service. The claim for hypertension is denied, while the claim for a left knee disorder is also denied.

The case is being returned to the RO for readjudication of claims for service connection and a rating for left shoulder nerve damage, left knee and left leg disorder, and a left shoulder scar.

The Board has granted service connection for a right ring finger disability and an initial noncompensable rating for a right knee disability. The veteran's right ring finger disability is related to his in-service injury, while the right knee disability is primarily manifested by instability, swelling, and pain without X-ray findings of arthritis.

The Board has reopened the claims for service connection for hearing loss, low back disorder, and blood disorder. The evaluation of hepatitis C remains unchanged. The claim for increased evaluation for postoperative residuals of a gunshot wound to the abdomen and right buttock is addressed in the remand.

The Board has ordered further development due to the need for additional evidence and clarification. The case is now being sent back to the RO for a VA orthopedic examination, after which it will be reviewed again.

The Board has granted an increased rating for the veteran's service-connected left knee disability, which is currently rated as 10 percent disabling. The veteran argued that her condition warranted a higher rating due to recent medical evidence indicating more severe osteoarthritis in the left knee.

The veteran's left knee disability, characterized by post-operative residuals including pain and loss of motion with X-ray evidence of arthritis, is currently rated at 20 percent under Diagnostic Code 5258. The criteria for a separate rating of 10 percent for left knee arthritis under Diagnostic Code 5010 have been met.

The Board has granted an evaluation in excess of 20 percent for the veteran's service-connected shell fragment wound to the left knee, Muscle Groups XIV and XV, with retained foreign bodies.

The Board found that the veteran's current left knee disorder was not present during service and is not related to any incident therein. The preponderance of evidence does not support a finding of service connection.

The Board found that the veteran's current left knee disability is not related to an injury or disease in service, and thus denied his claim for service connection.