Knee decisions — 2003

The Board denied higher ratings for the veteran's service-connected right and left knee disabilities, both currently rated at 30 percent.

The veteran's claims for a compensable rating for his scar residuals, right shoulder; reopening of previously denied service connection claims for right knee injury and bilateral hearing loss are being considered. The Board finds new and material evidence has been submitted in support of the reopened claims.

The Board has ordered further development in the veteran's case regarding his claim for service connection for a left knee disability. The appeal is currently pending and will be remanded to the RO for additional evidence collection.

The Board has granted a 20 percent evaluation for the veteran's service-connected low back disability, but denied his request for an increased rating. The RO also established service connection for left knee and hip degenerative joint disease related to the low back disability.

The Board denied the veteran's claim for an earlier effective date for a total rating based on individual unemployability, finding that no claim was filed prior to April 27, 2000.

The Board has granted a 30 percent rating for the veteran's left knee disorder, effective from when it was last rated. The claim to reopen service connection for diabetes mellitus remains pending.

The veteran's claims for service connection for back and left knee disabilities were not reopened, but his PTSD claim was granted with an initial rating of 10 percent. His hearing loss and tinnitus claims are still pending.

The Board has reopened the veteran's claim for service connection for a left knee disability due to new and material evidence submitted since the last final denial in January 1998. However, further development is needed as the RO must provide adequate notice and ensure that the veteran receives a VA examination to determine if his current left knee condition may be associated with his military service.

The Board has reopened the veteran's claims for service connection for defective hearing and lower extremity/knee disorders, finding that new evidence supports these claims. The claim for tinnitus is also granted.

The Board has ordered further development due to the need for additional evidence and clarification. The case is now being sent back to the RO for examination of the right knee, with a request to determine if the disability presents an unusual or exceptional picture that interferes with employment.

The Board has determined that new and material evidence has been received to reopen claims for service connection for various conditions, but the veteran's original claim of service connection remains denied.

The Board of Veterans' Appeals has determined that the appellant's right knee disorder, including degenerative joint disease, was not incurred in or aggravated by military service and denied his claim for service connection.

The veteran's claim for an increased rating for service-connected patellofemoral syndrome of the right knee was denied by the RO, and no effective date or rating assigned.

The Board has determined that the veteran's sleep disorder was not incurred as a result of his active military service, including as due to an undiagnosed illness.

The veteran's service-connected conditions do not meet the criteria for a higher rate of special monthly compensation by reason of the need for aid and attendance.

The Board has granted the veteran's claims for service connection for right knee degenerative changes and lumbosacral strain syndrome, both secondary to his service-connected left medial meniscectomy with traumatic arthritis.

The Board has granted a 20 percent rating for the veteran's left knee disability, effective from September 1, 1997. The claim for increased rating of lumbosacral strain is pending and will be addressed in the REMAND portion.

The Board has determined that new and material evidence has been received to reopen the claims of entitlement to service connection for left knee and low back disabilities. It was found that these conditions are causally related to residuals impairment caused by the veteran's service-connected right knee disability.

The VA determined that there was no evidence to support a compensable rating for the appellant's right knee disability, as his symptoms did not meet the criteria for such under the applicable diagnostic codes.

The veteran's service-connected degenerative joint disease of the right knee was granted an initial disability rating of 10 percent effective March 5, 2001.