Knee decisions — 2003

The Board found that the veteran's death was not caused by or substantially contributed to by any service-connected disability, and thus denied the claim for service connection for the cause of the veteran's death.

The veteran withdrew his appeal for the issues related to increased ratings and initial rating for service-connected conditions.

The Board denied the veteran's claims for an earlier effective date and a higher initial rating for his service-connected right knee disability. The case is being remanded to obtain additional development.

The Board denied the veteran's claims for service connection for migraine headaches, rheumatoid arthritis of multiple joints including the back, neck, and bilateral knees, bilateral carpal tunnel syndrome, and peripheral neuropathy. The decision found that there was no clear and unmistakable evidence to rebut the presumption of soundness at entry into service, but also found that the veteran's conditions did not pre-exist service or were aggravated by service.

The Board has determined that the veteran's service-connected disabilities do not meet the criteria for a total rating based on individual unemployability due to his inability to secure or follow substantially gainful employment.

The Board has dismissed the veteran's claim for an evaluation in excess of 10 percent for residuals of status post arthroscopy of the left knee due to his failure to report for scheduled VA examinations and not responding to requests for information.

The Board denied dependency and indemnity compensation benefits under 38 U.S.C.A. § 1318 because the veteran did not meet the eligibility criteria for a total disability rating based on individual unemployability.

The Board found that the veteran's right knee disorder is not related to his military service and denied his claim.

The Board has remanded the case for additional development, including obtaining updated treatment records and conducting VA examinations to determine the severity of the veteran's right knee disorder and otitis media with hearing loss.

The Board has ordered further development due to the need for additional evidence and clarification of existing evidence. The case is now being remanded to the RO for specific actions, including obtaining medical records from the VA Medical Center in San Juan, Puerto Rico, and arranging for a VA orthopedic examination.

The Board granted service connection for Major Depressive Disorder effective March 4, 1999 and assigned a 50% disability rating. The veteran's claim for an earlier effective date was denied. Increased ratings were granted for Major Depressive Disorder from March 4, 1999 to February 5, 2001 and beginning on February 6, 2001. A compensable rating was assigned for internal derangement of the left knee from June 14, 1991 to February 28, 1994. The veteran's claim for a higher rating for internal derangement of the left knee beginning March 1, 1994 was denied. A compensable rating was assigned for left wrist disorder from November 29, 1990 to November 12, 2002. The veteran's claim for a higher rating for right hip disorder beginning November 13, 2002 was granted.

The veteran's claims for increased ratings and special monthly compensation were denied. The Board found that the service-connected disabilities did not meet the criteria for higher evaluations under the applicable rating criteria.

The Board denied the veteran's claim for an earlier effective date of April 27, 1999, for a combined 40 percent rating for his service-connected right knee disability.

The Board has granted a combined rating of 20 percent for the veteran's right knee disability, based on limitation of motion and internal derangement. The veteran is no longer entitled to an increased rating beyond this amount.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision being made.

The veteran's service-connected disabilities, particularly his arthritis and pulmonary conditions, contributed to his death from a head injury sustained during an accidental fall.

The Board has remanded the case for additional development, including a VA examination and readjudication of the veteran's claim for an increased rating for his service-connected left knee disorder.

The Board denied the veteran's claims for service connection for chronic fatigue syndrome, chondromalacia of the right knee, and right foot pain. The claim for interphalangeal joint fusion of the second, third, and fourth toes was not addressed as it is unclear if this issue was about service connection at all.

The veteran's appeal for increased ratings for his right femur fracture and related conditions was denied. The RO found that the residuals of the right femur fracture did not meet criteria for a higher rating prior to October 25, 1994, but granted a 20 percent rating after this date.

The Board has determined that the veteran's current bilateral knee disabilities do not warrant an evaluation in excess of 10 percent.