Knee decisions — 2003

The Board has ordered further development due to the need for additional evidence. The case is now being sent back to the RO for specific actions, including obtaining service medical records and arranging for a VA examination.

The veteran's appeal is dismissed due to his death.

The VA granted a temporary total evaluation for patellofemoral syndrome of the right knee from February 12, 2001 through March 31, 2001. The M&ROC then reduced this to a permanent 10 percent evaluation effective April 1, 2001. In June 2003, the VA granted an increased evaluation of 20 percent for right knee disability as of June 15, 2001.

The Board has determined that the veteran's left retropatellar pain syndrome is related to his military service and grants service connection for this disorder.

The VA denied increased disability ratings for the veteran's service-connected right and left knee disabilities, as well as his hepatitis. The RO&IC found that the current evaluations of 10 percent were appropriate based on the evidence of record.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that these conditions are related to the veteran's military service. The claims for anterior metatarsalgia, right knee disability, and left knee disability remain pending.

The Board has granted service connection for PTSD and assigned a 100% evaluation, effective from March 1998. The veteran's other claims are pending.

The Board has granted the veteran's claim for a temporary total disability rating for a period of convalescence based on right knee surgery from March 4 to April 12, 1998. The issues of entitlement to an increased evaluation for the service-connected residuals of SFW to the right knee and entitlement to service connection for arthritis in the right knee as secondary to the service-connected residuals of SFW to the right knee are remanded for further development.

The veteran's death was caused by respiratory arrest, with antecedent causes of cerebral edema and cerebrovascular accident. The appellant is seeking service connection for the cause of her husband's death and compensation under 38 U.S.C.A. § 1318 (b).

The Board has ordered further development due to pending issues regarding the veteran's bilateral knee disability. The case is now being sent back for additional evidence and an orthopedic examination.

The veteran's appeal is being remanded to the RO for scheduling a hearing before a Veterans Law Judge.

The veteran's appeal was denied for service connection and increased ratings for various conditions. The Board has ordered additional development to ensure compliance with the Veterans Claims Assistance Act of 2000.

The case is being remanded for additional development to ensure compliance with the VCAA and provide the veteran with proper notice and assistance.

The Board denied the veteran's claims of service connection for a headache disorder and left knee disorder, finding no new evidence to support reopening the left knee claim. The rating for his skin disability was increased but not changed.

The Board found that the veteran's residuals of a shrapnel wound of the left knee are manifested by subluxation or lateral instability, pain and slight limitation of motion. The disability is currently rated as 10 percent disabling under Diagnostic Codes 5260 (limitation of flexion) and 5261 (limitation of extension).

The Board found that the veteran's degenerative joint disease of both knees is not related to his service-connected shell fragment wound residuals, and thus denied the claim for secondary service connection.

The Board denied the veteran's claims for increased evaluations for his right and left knee disabilities, assigning separate 10 percent ratings effective July 1998.

The Board has ordered further development due to pending evidence and procedural issues. The case is now remanded for additional development at the RO level.

The Board found that the veteran's left knee disability did not warrant an increased rating before February 10, 2000 and as of April 1, 2001. The evidence showed significant pain and limitation of motion but no intermediate degrees of residual weakness or limitation meeting criteria for a higher rating.

The Board has decided to remand the case for further development of evidence, including obtaining updated treatment records and scheduling a VA examination.