Knee decisions — 2004

The veteran's claim for a greater initial rating for left total knee replacement, as secondary to the service-connected disability of left knee arthritis, currently evaluated at 30 percent, is being remanded due to failure to provide proper VCAA notice.

The Board denied the veteran's claims for increased ratings for his knee conditions and service connection for a low back disability as secondary to his service-connected knee disabilities. The decision concluded that there was no evidence of a low back condition related to his service or service-connected knee disabilities.

The veteran's claims for increased evaluations were granted, with a combined rating of 70 percent effective May 10, 2001. The left knee joint instability and traumatic arthritis are rated at 20% and 10%, respectively.

The Board denied the veteran's claim for an initial disability evaluation in excess of 10 percent for his right knee injury, status post anterior cruciate ligament repair. The evidence showed that the disability was primarily manifested by pain on use and slight subluxation or instability.

The Board is remanding the case to the RO for further development and consideration of the veteran's claims, including obtaining additional evidence and arranging for a VA examination.

The Board found that the veteran's service-connected disabilities did not prevent him from obtaining and retaining employment consistent with his abilities, aptitudes, and interests. Therefore, he is not entitled to vocational rehabilitation training under Chapter 31.

The Board denied the veteran's claims of service connection for a back disorder and entitlement to increased ratings for his left knee, right knee, and right thumb disabilities. The RO had previously denied these claims in October 1995.

The Board has determined that the veteran's arthritis of the right knee, diagnosed during service, is a chronic acquired disorder and can be linked to injury sustained in service. Therefore, the claim for service connection is granted.

The Board has granted a 30 percent rating for each of the veteran's service-connected right and left knee disabilities, finding that her current range of motion and functional impairment warrant such an increase. The Board also found in favor of the veteran on her claim for secondary service connection for a low back disability due to her service-connected knee disabilities.

The Board has determined that the veteran's current left knee disability is not related to his period of active service and denied his claim for service connection.

The VA has determined that the veteran's right knee disability is not related to his military service and thus denied his claim for service connection.

The Board has determined that the veteran's right and left knee injuries were aggravated by service, warranting service connection for these conditions.

The Board has determined that the veteran's left knee disability, currently rated as 10 percent disabling for tendinitis with pain on motion, does not meet the criteria for a higher rating under the applicable diagnostic codes. The current evaluation adequately reflects the functional impairment due to pain and other symptoms associated with the condition.

The Board has decided to remand the case due to incomplete information and evidence, and a need for further development including obtaining service medical records and providing the veteran with VCAA notification.

The Board denied the veteran's claims for service connection for a bilateral knee disorder and hypertension, finding no evidence of in-service onset or continuity of symptoms after discharge.

The Board has remanded the case for further development and examination, including obtaining medical records from the veteran's service period and examining his current disabilities.

The Board denied the veteran's claim for service connection for a right leg disability manifested by pain, finding that there is no current disability of the right leg other than his already service-connected right knee disorder.

The Board has determined that the appellant's pre-existing left knee disability was aggravated by active military service during INACDUTRA on May 22, 1994.

The Board has remanded the case for further development, including obtaining a VA examination to determine the nature and likely etiology of any current genitourinary disability, left knee disability, and peripheral neuropathy. The veteran's claims are also being remanded for an increased rating for service-connected residuals of cold injury to the right hand.

The Board has remanded the case for additional development, including obtaining medical records and arranging for a VA examination of the veteran's left knee. The appeal is pending further action.