Knee decisions — 2004

The Board has granted service connection for the cause of the veteran's death, dismissed the claim for dependency and indemnity compensation under 38 U.S.C.A. § 1318 as moot due to the grant of service connection, and established basic eligibility for dependents' educational assistance under 38 U.S.C.A. Chapter 35.

The Board has granted service connection for PTSD and found that the veteran's current diagnosis of PTSD is related to a stressor experienced during his active military service. The other issues, including those regarding the bilateral foot disorder and right knee disorder, are not addressed in this decision.

The Board has denied the veteran's claims for service connection for pseudofolliculitis barbae, a right knee/leg disorder secondary to his service-connected left knee condition, and a back disorder secondary to his service-connected left knee condition. The denial is based on insufficient evidence showing that these conditions are related to his military service.

The Board has remanded the case due to the need for additional development, including obtaining medical records and scheduling an orthopedic examination.

The Board has remanded the case for further development, including obtaining additional medical evidence and arranging for a VA examination to determine if the veteran's right hip disability and bilateral knee disability are related to his service-connected left hip disability. The TDIU claim will also be addressed.

The Board found that the July 1999 rating decision did not involve CUE in failing to establish separate ratings for left knee arthritis and residuals of left knee medial meniscectomy. The veteran's combined disability rating under appropriate diagnostic codes at that time warranted no more than a 30 percent rating.

The Board denied the veteran's claims for increased evaluations for his left knee disability and chronic lumbar strain and sprain with discogenic lumbar spondylosis prior to September 13, 2000. The left knee disability was rated at 30 percent disabling, while the lumbar spine condition remained at a 20 percent rating.

The Board has denied the veteran's claims for service connection for lumbar spine stenosis and a right knee disability, finding no direct evidence of these conditions in service. The skin cancer claims were also denied as there is no evidence they are related to service-connected burn scars.

The Board has remanded the case due to incomplete records and the need for additional examinations. The veteran's claims will be reviewed again after all necessary information is obtained.

The Board denied the veteran's claims for service connection for a low back disorder and a right knee disorder as secondary to his service-connected right ankle disability, and also denied an initial compensable rating for residuals of a right ankle fracture. The veteran is not entitled to these benefits.

The Board found no evidence to support the veteran's claim that her current patellofemoral syndrome of the right knee with degenerative joint disease is related to military service, and denied the claim.

The Board found that the right total knee arthroplasty was not caused by VA's carelessness, negligence, or similar instance of fault. The additional disability is deemed to be due to the natural progression of the veteran's pre-existing condition.

The veteran's appeal is being remanded for further development due to her relocation and failure to attend a scheduled hearing.

The Board found no evidence linking the appellant's diagnosed conditions to his military service and denied all claims.

The Board found that the veteran's left knee disability, characterized by minimal limitation of motion and tenderness without effusion or instability, did not warrant a rating higher than 30 percent.

The Board finds that the veteran is entitled to an effective date of May 26, 1997 for a total rating based on individual unemployability due to service-connected disabilities.

The veteran's combined disability rating is in excess of 70 percent, meeting the criteria for a total disability rating based on individual unemployability due to service-connected disabilities.

The Board has granted a 20 percent rating for the veteran's right knee disability, effective from the date of claim. A separate 10 percent rating was also granted for his arthritis.

The Board has determined that new and material evidence has been received to reopen the veteran's claims of service connection for a right knee disability and dental disability, but denied both claims on their merits.

The Board has determined that additional development is needed to determine the etiology of any current right ankle, right knee, or low back disorders and to ensure compliance with VCAA requirements.