Knee decisions — 2003

The veteran's claim for an initial evaluation in excess of 10 percent for his right knee injury and a retroactive effective date has been granted by the RO, but further examination is needed to determine the current severity of his disability.

The Board has reopened the veteran's claims for service connection for right and left knee disabilities due to new evidence submitted since the previous decisions, and finds that these conditions are related to in-service injuries.

The veteran's claims for service connection for bilateral knee condition, sinusitis, photophobia, and chest pain with respiratory changes due to an undiagnosed illness have been denied as there is no evidence of current disability or disease in service.

The veteran's death was not caused by his own willful misconduct, and at the time of his death he was not in receipt of or entitled to receive compensation for a service-connected disability that was continuously rated totally disabling for 10 years immediately preceding death.

The Board has determined that the appellant's left knee disability did not warrant a rating in excess of 20 percent prior to February 14, 2001 or in excess of 30 percent on and after April 1, 2002.

The veteran's claim for an increased rating for his left knee disability is being remanded due to the need for a VA examination and further development of the record.

The veteran's initial claims for increased ratings and service connection were denied. The RO granted service connection for right knee internal derangement with osteoarthritis, effective August 31, 1998.

The Board denied the veteran's claims for higher ratings for his service-connected right knee and left shoulder disabilities, finding that the evidence did not support an evaluation in excess of 10 percent for either condition.

The Board has remanded the case due to changes in the law brought about by the Veterans Claims Assistance Act of 2000 and Charles v. Principi, 16 Vet. App. 370 (2002); Quartuccio v. Principi, 16 Vet. App. 183 (2002).

The Board has determined that the September 20, 1994 rating decision involving secondary service connection for a left knee disorder involved clear and unmistakable error. The effective date of entitlement to service connection for a left knee disorder as secondary to a right knee disorder is set at April 22, 1994.

The Board has reopened the veteran's claims for service connection for right and left knee disorders secondary to his service-connected bilateral pes planus, as new and material evidence has been received. The lumbar spine disorder claim remains pending.

The veteran's left knee disability is rated at 20 percent, which is the maximum evaluation available under Diagnostic Code 5257.,The veteran's left wrist disability is rated at 10 percent, reflecting arthritis with no ankylosis. The RO has not considered whether a higher rating could be assigned based on limitation of motion or other factors.,The veteran's right wrist ganglion cyst is currently evaluated as zero percent disabling.

The Board has ordered further development due to pending issues regarding service connection for various injuries and disorders. The case is now remanded for additional evidence collection and medical examinations.

The veteran's service-connected disabilities did not cause or contribute substantially to his death. His DIC claim is also denied as the criteria for entitlement under 38 U.S.C.A. § 1318 have not been met.

The Board has granted service connection for a right knee disability, finding that the veteran's current condition is related to his in-service injury. The claim for left knee disability remains pending and will be addressed in the remand portion of this decision.

The veteran's claim for service connection for bilateral hearing loss was granted. The claims for increased evaluations of the lumbar strain, right and left knee disabilities, and hemorrhoids were also granted.

The Board has ordered further development due to pending requests for additional evidence. The case will be returned to the RO for obtaining medical records from VA facilities and health-care providers.

The Board has remanded the case for additional development due to issues related to service connection for low back and left knee disabilities.

The Board has ordered further development in the veteran's case, including obtaining medical records and conducting examinations to determine the nature and extent of his service-connected disabilities and any new claims.

The veteran's claim for a TDIU is remanded due to the need for further examination and consideration of his employability status given his service-connected disabilities.