Knee decisions — 2004

The Board has remanded the veteran's claims for increased ratings for chronic left knee tendinitis and chronic lumbar syndrome due to inadequate consideration of relevant regulations and additional development is required.

The Board has determined that the current evaluation of the veteran's right knee laxity is not before it at this time and will be addressed separately. The appeal involves claims for secondary service connection for a low back disability, an increased rating for early degenerative arthritis of the right knee, and individual unemployability due to service-connected disabilities.

The Board denied service connection for curvature of the thoracic spine and did not address the other issues as they were pending development.

The veteran is seeking an increased rating for his service-connected left knee disability, which currently has separate ratings based on arthritis and instability. The case is being remanded to obtain additional evidence and conduct a VA examination.

The Board has determined that the veteran's right ankle achilles tendonitis, chronic sinusitis, and right wrist tendonitis were incurred in service. The claim for right knee patellofemoral syndrome is denied as there are no residuals of this condition at discharge from service. The ingrown toenail of the right great toe was also shown to be present during service.

The veteran's claim for an increased rating for his service-connected left knee disability is being remanded due to the need for a new VA examination and consideration of whether separate ratings for arthritis are warranted.

The veteran's appeal is being remanded due to the need for additional notification and evidence.

The veteran's claim for special monthly pension benefits due to the need for regular aid and attendance of another person was denied as he does not meet the criteria set forth in VA regulations.

The Board has remanded the case for additional development, including obtaining medical records and attempting to obtain Social Security Administration records.

The Board has granted a 20 percent rating for each service-connected knee disability, effective from the date of the June 2002 rating decision.

The Board denied the veteran's claims for service connection for residuals of right and left knee trauma, bilateral hearing loss disability, and tinnitus. The evidence did not support a finding that these conditions were incurred or aggravated by military service.

The Board denied the veteran's claims for service connection for DJD of both knees, finding that there was no evidence linking his current condition to his military service.

The Board has determined that the veteran's left knee spondylosis, left hip disorder, and back disorder are not related to his service-connected right knee disability. The claims for these conditions have been denied.

The veteran's claims for service connection for a left knee disability and increased evaluations for his right knee and skin conditions are denied. The right knee condition is currently rated at 20 percent, which was granted in November 1992.

The Board found that the veteran's right knee disability was not incurred in or aggravated by service and arthritis of the right knee could not be presumed to have been incurred in service. The claim for service connection is denied.

The Board denied the veteran's claims for an increased rating for postoperative residuals of a right patellar fracture and for a separate compensable rating for right knee arthritis from July 9, 1998. The veteran was not granted any additional ratings.

The veteran's appeal for service connection for a left knee disability, claimed as secondary to his service-connected right knee disability, was denied. His appeals for increased ratings for depression and the right knee disabilities were also denied.

The Board denied the veteran's claims for increased ratings for his right knee disability, finding that the evidence did not support a higher rating than the current 20 percent evaluation.

The Board has determined that new and material evidence has not been submitted to reopen the claim for service connection for a right knee disability. The current evidence confirms the presence of a current right knee disability but does not establish a disease or injury in service or a link between such a condition and the veteran's current disability.

The Board denied the veteran's claims for service connection for left knee and right shoulder disorders, finding no new and material evidence to reopen his claim for a left knee disorder and concluding that there is no competent medical evidence linking current right shoulder disorders to service.