Knee decisions — 2003

The Board has determined that the veteran's left knee disorder is proximately due to or the result of his service-connected right total knee replacement, and thus grants the claim for secondary service connection.

The Board has decided to remand the case for additional development, including obtaining medical opinions and records.

The Board has ordered further development due to pending issues and is remanding the case back to the Regional Office for additional consideration.

The Board has determined that the veteran's claimed left eye disorder and residuals of fracture of the left leg and knee were not incurred or aggravated by service. The evidence does not support a finding of chronic disability.

The Board denied DIC benefits under 38 U.S.C.A. § 1318 because the veteran did not meet the criteria for entitlement, specifically due to his death not being caused by his own willful misconduct and not meeting the requirement of having a service-connected disability rated as totally disabling for at least 10 years immediately preceding death.

The veteran's appeal includes requests for increased ratings and a separate rating for his right knee arthritis, which was previously rated at 10 percent. The case is being remanded due to the need for additional development under the Veterans Claims Assistance Act of 2000.

The Board has granted a rating of 20 percent for chondromalacia of the right knee with degenerative changes, effective from May 7, 1997. A separate rating of 20 percent is also granted for arthritis of the right knee.

The veteran's appeal is being remanded for additional development, including obtaining VA examination reports and private medical records.

The Board has reopened the claim of service connection for a right knee disorder due to new and material evidence submitted by the veteran, including an opinion linking his current condition to his injury in service. The Board found that the pre-existing condition was not aggravated during service.

The Board has denied the veteran's claims for service connection for a left knee disorder and low back disorder as secondary to his service-connected residuals of a left tibia and fibula fracture. The claim for service connection for a cervical spine disorder is pending due to conflicting evidence.

The Board denied the veteran's claims for ratings in excess of 10 percent for his service-connected right foot and right knee disabilities.

The veteran's claim for service connection for residuals of a left knee injury is being remanded due to the need for additional development under the Veterans Claims Assistance Act of 2000.

The Board has determined that the veteran's left knee and shoulder disabilities do not warrant ratings in excess of the currently assigned evaluations.

The Board has granted a 60 percent rating for the veteran's service-connected status post total right knee replacement, effective from March 1, 2002. A separate 10 percent rating is also assigned for a right knee surgical scar.

The Board has denied the veteran's claims for service connection and initial ratings for his disabilities, finding no current disability of the eyes for which service connection may be granted.

The Board has ordered further development due to the need for additional evidence and clarification. The case is now being remanded for a VA examination and review of records.

The veteran's claims for a total disability rating based on individual unemployability due to service-connected disability and special monthly compensation have been denied as the veteran failed to report for VA examinations scheduled in connection with these claims.

The Board denied entitlement to increased ratings for the veteran's service-connected left knee and ankle disorders, finding that the evidence did not meet the criteria for a higher evaluation under the applicable diagnostic codes.

The veteran's appeal is being remanded for additional development to assess the severity of his service-connected disabilities, including right hip and knee conditions.

The Board found that the veteran's low back and left knee disorders were not incurred or aggravated by service, and thus denied his claims. The pre-existing conditions are considered to have been aggravated by a 1991 motor vehicle accident.