Knee decisions — 2003

The Board has remanded the case for additional development, including obtaining medical records and affording the veteran a VA examination to determine the current nature and extent of severity of his service-connected traumatic arthritis of the right knee.

The veteran's claim for a higher rating for his Baker's cyst of the left knee and pes planus was granted, with specific ratings assigned. The Baker's cyst received a non-compensable rating prior to June 26, 2002, and a compensable rating thereafter. His bilateral pes planus received a non-compensable rating.

The Board denied the veteran's claims for increased ratings for his service-connected right knee and left knee disabilities, finding that the evidence did not support a higher rating based on current symptoms.

The Board has remanded the case due to incomplete service medical records and the need for a VA examination to determine if the appellant has current knee disabilities related to his military service.

The veteran's claims for increased evaluations of his service-connected conditions have been denied.,Specifically, the RO found that the maximum schedular evaluation for each condition is already in place.

The Board has determined that the veteran's avascular necrosis of both hips and knees is related to injuries sustained during his active military service, including parachute jumps. As a result, the veteran is granted service connection for these conditions.

The Board has denied the veteran's claims for service connection for left knee and right hip disabilities as secondary to his service-connected residuals of a right knee injury due to lack of current disability.

The Board has ordered the case to be remanded for additional development, including a review of medical records and an examination by a VA examiner.

The veteran's appeal for service connection and increased rating claims were dismissed due to the failure to file a timely substantive appeal.

The Board found that the veteran's service-connected right knee disabilities do not prevent him from engaging in substantially gainful employment, and thus denied his claim for a total rating based on individual unemployability due to service-connected disability.

The Board denied the veteran's claims for increased ratings for his left knee disability and left maxillary sinusitis, finding that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board has denied the veteran's claims for service connection for left ankle disorder, bilateral knee disorder, right hip disorder, and left elbow disorder due to a lack of medical evidence showing these conditions were incurred or aggravated during his military service.

The Board has granted initial compensable evaluations of 10 percent for right and left knee strain, effective from the date of the grant of service connection. The veteran's claim for a separate 10 percent evaluation based on multiple noncompensable disabilities is moot as his knees are already rated under Diagnostic Code 5260.

The Board denied the veteran's petition to reopen his claim for service connection for osteochondritis dessicans of the left knee, finding that the new evidence submitted was not material.

The veteran's claims for increased ratings were granted, with a 10% rating assigned for each of the conditions. The left heel inversion was rated at 20%, and the left femur disability remains at 10%. The left tibia condition is still noncompensable.

The Board has granted a rating of 30 percent for the veteran's left knee disability, effective from May 22, 2002.

The veteran's left fibula fracture disability is rated at 10 percent, and the issues of service connection for a left ankle sprain and stomach disorder are addressed below.

The veteran's claims for service connection for various conditions as a result of asbestos exposure are being remanded due to the need to obtain post-service treatment records from the Franklin County Jail and Clinic.

The Board has decided to remand the case due to failure to comply with VCAA provisions, and the need for further development of evidence.

The veteran's organic brain syndrome was granted a 100% disability rating, and his hemorrhoids were granted a 10% disability rating. The claims for service connection for low back disorder, bilateral knee disorder, left hand cramping, and right shoulder cramping were denied. The claim of new and material evidence to reopen the carpal tunnel syndrome was dismissed due to lack of timely appeal.