Knee decisions — 2003

The veteran's appeal is being remanded to the RO for further development and consideration, including scheduling a hearing before the Board.

The Board has granted service connection for osteoarthritis of the right and left knees, as well as a dysthymic disorder (depression). The veteran's current ratings will be addressed in the REMAND section.

The VA denied the veteran's claim for a total disability rating based on individual unemployability due to his service-connected disabilities, which do not prevent him from engaging in substantially gainful employment.

The Board has granted a TDIU based on the veteran's service-connected disability of residuals of total left knee joint replacement for internal derangement, which is currently rated at 60 percent disabling. The veteran was found to be unable to secure or follow substantially gainful employment due to his service-connected disability.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for a right knee disability, allowing the veteran's application to proceed.

The Board has granted service connection for a left shoulder disability, pes planus, acne, and bilateral knee disability. The veteran's preexisting conditions were found to have been aggravated by his military service.

The Board denied increased ratings for the veteran's service-connected disabilities, including right foot weakness and dysfunction with deformity of first, second, and third toes; left shoulder disability (shell fragment wound); right shoulder scar with retained foreign body as a residual of shell fragment wound; right thigh scar with retained foreign body as a residual of shell fragment wound; right knee scar with retained foreign body as a residual of shell fragment wound; and lumbar area scar with retained foreign body as a residual of shell fragment wound.

The veteran's appeal is being remanded to the RO for additional development and consideration of his claims, including compliance with Veterans Claims Assistance Act of 2000 requirements.

The appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The Board denied the veteran's claim for service connection for degenerative joint disease of both knees, claimed as bilateral knee and lower leg disorders.

The Board has determined that the veteran's right knee disability is service-connected and grants a TDIU rating of 30%.

The Board has determined that new and material evidence has been submitted, allowing the veteran's claim of service connection for a right knee disability to be reopened.

The veteran's right knee disability was rated at 20 percent from March 15, 1996, to October 28, 1998. From October 28, 1998, to October 1, 2001, the rating increased to 30 percent. After that date, a separate evaluation of 20 percent was granted.,For chronic lumbosacral strain with right-sided numbness, an initial 10 percent evaluation was assigned from March 15, 1996, and later upgraded to 20 percent effective October 21, 1999.

The Board has determined that the veteran's left knee condition, characterized by slight instability and limited motion with pain on movement, warrants a 10 percent disability rating.

The Board has determined that the veteran's degenerative changes in his lumbosacral spine, right knee, and left knee are not due to any incident of service. The claims for service connection have been denied.

The Board denied the appellant's claims for service connection for femoropopliteal bypass surgery, cause of death due to arteriosclerotic heart disease and other conditions, and total disability rating for compensation based on individual unemployability.

The Board has determined that the veteran does not have a right knee disorder, left knee disorder, skin disorder, or insomnia that were incurred in or aggravated by military service. Therefore, service connection for these conditions is denied.

The Board found that there is no evidence of a knee disability due to disease or injury during service, and thus denied the veteran's claim for service connection.

The veteran's increased ratings for his service-connected left knee impairment and arthritis of the left knee were granted, with a temporary total rating from November 1, 2001 to March 31, 2002, followed by a permanent 30 percent rating effective April 1, 2002.

The Board has remanded the case for further development due to recent legal changes and an attempt to locate the veteran's current address.