Knee decisions — 2003

The VA determined that the veteran's right and left knee pain do not warrant an increased disability rating as they are both currently evaluated as noncompensably disabling.

The Board has granted a separate 10 percent rating for right knee arthritis, and increased the rating for the veteran's left thigh disability to 40 percent.

The Board has ordered further development due to pending issues and the need for an orthopedic examination. The case will be remanded to the RO for this purpose.

The veteran's claim for service connection for a left knee disorder is being remanded due to the failure to schedule a VA examination and provide a Board videoconference hearing.

The Board denied the veteran's claims for service connection of back disability, schizophrenia, pes planus, allergies, PTSD, and left knee disability. The decision also determined that new and material evidence had not been submitted to reopen these previously denied claims.

The Board has ordered further development in the veteran's case, including obtaining medical records and conducting an orthopedic examination. The issues on appeal are related to increased disability ratings for left knee conditions and entitlement to a total disability rating based on individual unemployability.

The Board has determined that the veteran's increased ratings for subpatellar chondromalacia with post partial medial meniscectomy of the left knee and subpatellar chondromalacia of the right knee are not warranted, as his range of motion is within normal limits. The rating for post-phlebitic syndrome of the left leg remains at 60 percent.

The veteran's service-connected disabilities, including myocardial infarction and lower dorsal spine injury, render him unable to secure or follow substantially gainful employment. His TDIU claim is granted.

The Board has dismissed the veteran's appeal due to his withdrawal of the increased rating claims for lumbar spine arthritis, right knee arthritis, and left knee arthritis.

The Board has denied the veteran's claims of entitlement to service connection for a bilateral leg condition, to include arthritis of the knees, and hearing loss.

The Board has denied the veteran's claims of service connection for a left knee disorder and a cervical spine disorder, finding that these conditions did not begin during or as a result of her military service.

The RO denied the veteran's claims for restoration of his prior evaluations for chondromalacia of the right knee and patellofemoral dysfunction of the left knee, finding that the evidence did not meet the criteria for a compensable evaluation.

The Board found no evidence of a current wrist or knee disability that is service-connected, and denied the veteran's claims.

The Board has granted effective dates of September 1, 1991 for the awards of service connection and initial ratings for right knee arthritis, left knee arthritis, right shoulder disability, and left shoulder disability. The veteran's claim for tinnitus was also granted with an effective date of October 8, 1996.

The Board denied service connection for right shoulder and left knee disabilities, but granted service connection and assigned 10 percent evaluations each for gastroesophageal reflux disease with hiatal hernia, musculoskeletal low back pain, postoperative scar on the proximal aspect of the left foot, and a left foot disability (classified as status post arthroplasty with pin fixation of the 2nd digit, osteotomy of the 2nd metatarsal, and bunionectomy).

The Board has determined that the veteran does not have current disabilities related to his service, and therefore, he is not entitled to service connection for headaches with otitis media of the right ear, residuals of excision of left hydrocele, swelling of the left lower leg and foot, a left ankle disability, or a right knee disability.

The Board of Veterans' Appeals (Board) has denied the veteran's claim for a total disability rating due to individual unemployability based on service-connected disability (TDIU). The RO found that while the veteran had multiple service-connected disabilities, his combined rating was less than 60%, which is required for TDIU. However, the Board noted uncertainty regarding the extent of impairment caused by PTSD and recommended a VA examination.

The Board denied the appellant's claims for increased disability ratings for his service-connected left and right knee disabilities, finding that the evidence did not meet the criteria for higher evaluations.

The veteran withdrew her appeal prior to a decision being made by the Board.

The veteran's death was caused by alcohol intoxication, which resulted from his service-connected schizoaffective disorder. As a result, the veteran's child is entitled to Dependency and Indemnity Compensation (DIC) and Survivors' and Dependents' Educational Assistance under Chapter 35.