Knee decisions — 2003

The Board has granted a 40 percent rating for degenerative joint disease of the right knee effective from April 16, 2001. The left knee remains rated at 10 percent and effective since September 1995.

The Board denied the veteran's claims of service connection for a low back disability, right knee disability, and costochondritis. The RO previously denied these claims in April 1993 on the grounds that new evidence did not meet the criteria to reopen them or establish service connection.

The Board has denied the veteran's claims of service connection for a respiratory disorder and left knee disability due to lack of current evidence of these conditions. The veteran is advised that she must provide medical evidence showing a current disability in order to establish her claim.

The Board has granted service connection for right ear hearing loss and denied the remaining issues on appeal. The veteran's claims for higher initial ratings for other disabilities are remanded for further development.

The veteran's appeal is being remanded for additional development due to the need for a VA examination and compliance with notification requirements.

The Board denied the veteran's claims for service connection for arthritis of the right knee and internal derangement of the left knee, as well as his attempt to reopen a claim for post-operative status herniated disc and arthritis of the low back. The decision also noted that new and material evidence had not been submitted to reopen this latter claim.

The veteran's claim for a total disability rating due to individual unemployability resulting from service-connected disabilities was denied as he does not meet the minimum schedular requirements for a TDIU. However, an extraschedular total rating based on individual unemployability may be assigned in the case of a veteran who fails to meet the percentage requirements but is unemployable by reason of service-connected disability.

The Board denied the veteran's claims for increased ratings for his right and left knee disabilities due to failure to report for scheduled VA examinations.

The Board has remanded the case for further development and adjudication, including a VA examination to address whether there is any causal relationship between service-connected bilateral pes planus and right hip and knee disorders including arthritis.

The Board has determined that the veteran does not have a current right or left shoulder disorder and there is no evidence of a chronic disability manifested by joint pain. The service medical records are silent for any complaints or findings related to the right knee, and the VA examiner found the knees normal during the November 1998 examination. Therefore, the claims for service connection for these conditions have been denied.

The Board denied an increased rating for the veteran's service-connected left knee patellofemoral pain syndrome with medial meniscus tear, postoperative, as it did not meet the criteria for a higher evaluation under applicable diagnostic codes.

The Board has determined that the veteran's service-connected left knee disorder warrants a 60 percent evaluation, reflecting severe pain and limitation of motion caused by her condition.

The Board granted a 20 percent evaluation for the veteran's service-connected left knee disability, which is currently rated as moderate in severity.

The Board found that the veteran's 10 percent evaluation for his right quadriceps defect and right knee mass is not supported by evidence of a service-connected disability, as the conditions are considered to be direct rather than secondary or otherwise related to service.

The Board is remanding the case for further development and determination of attorney fees eligibility.

The Board denied the veteran's claims of service connection for a low back disorder and for a bilateral knee disorder, finding insufficient evidence to support these claims.

The Board has determined that the veteran's post-traumatic stress disorder is incurred during his active duty, and a disability of the left knee was not incurred in or aggravated by service.

The Board has ordered further development in the veteran's case due to incomplete records. The RO is instructed to obtain all relevant medical records and service department information, including those from ACDUTRA and INACDUTRA periods. If any benefit sought remains denied after this additional development, the appellant should be furnished a supplemental statement of the case.

The Board denied the veteran's claims for higher ratings for his right and left knee disabilities, finding that the evidence did not support a rating in excess of 10 percent under applicable diagnostic codes.

The Board has granted service connection for osteoarthritis of the left knee, osteoarthritis of the left elbow, and degenerative disc disease of the lumbar spine with left leg radiculopathy.