Knee decisions — 2003

The Board found that the evidence does not reasonably show a nexus between arthritis of the left knee and the veteran's service-connected residuals of a shell fragment wound of the left lower leg, thus denying the claim for service connection.

The Board found that the veteran's service-connected right knee disability has been manifested by arthritis with limitation of motion, but with extension possible to 0 degrees and flexion not limited to less than 60 degrees. A combined rating in excess of 20 percent is not warranted for the veteran's service connected right knee disability at any point during the appellate period.

The Board denied the veteran's claims of reopening his service connection for right knee and right shoulder disorders due to lack of new and material evidence.

The Board has denied the veteran's claims for service connection for a disability of the meniscus of the left knee and an increased evaluation for his service-connected left knee arthritis.

The veteran's appeal is being remanded due to the misplaced service medical records and additional evidence received. The issues of entitlement to service connection for a right knee tumor and an increased rating for postoperative residuals, right knee disability are pending.

The Board has determined that new and material evidence has not been submitted to reopen the claim of service connection for bilateral knee disorders, resulting in a denial.

The veteran's death was not caused by his own willful misconduct, and he was in receipt of a total rating based on individual unemployability (TDIU) continuously rated totally disabling for a period of at least 5 years immediately preceding death. Therefore, the criteria for establishing entitlement to DIC under 38 U.S.C.A. § 1318 are not met.

The Board denied the veteran's claims for service connection for degenerative joint disease of the right knee and lumbar spine, finding that these conditions were not caused or aggravated by his service-connected left knee disorder.

The Board denied service connection for the veteran's claimed conditions of brain damage, right knee disorder, and right shoulder disorder. The decision is based on a finding that the claims were not well-grounded.

The Board has determined that new and material evidence has been submitted to reopen the previously denied claim of entitlement to service connection for residuals of a left knee injury.

The veteran's claim for service connection for residuals of a cold injury of the hands is granted. The Board found that the veteran currently suffers from such residuals and established their link to his military service in Korea.

The Board has granted service connection for osteoarthritis of the left knee, but denied service connection for a left knee meniscectomy. The veteran is now seeking to have his claim for a left knee disability (other than osteoarthritis) reconsidered.

The Board granted service connection for a right knee disability and increased the evaluation of low back strain with right sacroiliac radiculopathy, but denied service connection for other issues. The case is remanded to ensure compliance with VCAA requirements.

The veteran's appeal is being remanded for additional development due to the need for updated medical records and examinations.

The Board has remanded the case for further development and adjudication due to failure to provide VCAA notice.

The Board has determined that the veteran's right knee, left knee, right ankle, and left ankle disorders are aggravated by his service-connected herniated L5-S1 disc, post-laminectomy and discectomy. As a result, these conditions have been granted as secondary to the service-connected condition.

The veteran's claims for increased evaluations of his left knee disabilities were denied. The RO found that the residuals of left knee injury warranted a 30 percent evaluation effective from December 1, 2002, and a compensable evaluation (20 percent) for degenerative changes of the left knee effective from January 1, 2002.

The Board denied the veteran's claims for service connection for a bilateral knee disorder and an initial compensable rating for cervical condylomata due to her failure to report for scheduled VA examinations.

The Board denied the veteran's claim for service connection for a right knee disability, finding no evidence of injury or pathology in service and concluding that the post-service right knee disability is not related to military service.