Knee decisions — 2004

The Board has granted a 40 percent evaluation for the veteran's right knee osteoarthritis and a 20 percent evaluation for his right knee instability due to postoperative residuals of anterior cruciate ligament (ACL) deficiency, effective from the date of the July 2002 rating decision.

The veteran's appeals for increased evaluations of his service-connected residuals of shell fragment wounds and fracture have been granted, with ratings of 20 percent each.

The veteran's appeal is being remanded for additional development, including obtaining service medical and personnel records and scheduling a VA orthopedic examination.

The Board denied the appellant's claim for DIC under 38 U.S.C.A. § 1318 based on entitlement to a total disability rating for a continuous period of at least 10 years prior to death, finding that the veteran did not meet the criteria as his service-connected disabilities were rated less than totally disabling and he was not in receipt of compensation due solely to clear and unmistakable error (CUE) in a VA decision concerning the issue of service connection, disability evaluation, or effective date.

The veteran's claim for a higher disability evaluation for her left knee synovitis is being remanded due to the need to consider additional VA medical records.

The Board has determined that the veteran's claims for service connection for headaches and left knee injuries must be remanded due to the need for additional development, including obtaining medical opinions regarding the nature of his current disabilities and their relationship to military service.

The Board denied increased ratings for degenerative arthritis of the left knee and instability of the left knee, both currently rated at 20 percent.

The Board has determined that the veteran's service-connected disabilities are of such severity as to preclude him from obtaining or retaining a substantially gainful occupation, warranting a total disability rating for compensation purposes.

The Board has remanded the case for additional development due to incomplete medical records and other procedural issues.

The veteran's claim for an increased rating for his right knee bursitis/tendonitis was denied by the RO, while his claim for a compensable disability rating for lumbosacral strain is being remanded.

The Board has granted a 60 percent rating for the veteran's service-connected DJD of the right knee, effective from May 1, 1999. The other claims for secondary disabilities to his knee condition are being remanded.

The Board has received notification of a withdrawal of the appeal from the appellant, and therefore, the appeal is dismissed.

The Board denied service connection for intraocular hypertension of the right eye, a right knee disorder, and a bunion of the medial aspect of the right first metatarsal head. The veteran's pre-existing hallux valgus was found to have been aggravated by service.

The Board has remanded the case due to incomplete records and needs further examination to determine if the veteran's current left knee disability is related to his active duty service.

The Board found that the evidence submitted by the veteran was not new and material, and denied his claim for service connection for a right knee disability.

The Board denied the veteran's claims for benefits under 38 U.S.C. § 1151 for a left knee disability, an increased evaluation for service-connected atopic dermatitis of the forearms, and a compensable evaluation for multiple noncompensable service-connected disabilities.

The Board has ordered a remand for the veteran's claim of service connection for a left knee disability due to incomplete examination and lack of opinion regarding the etiology of his condition. The case will be re-adjudicated after the requested development.

The veteran's claims for increased ratings for rectal fistulectomy and right knee patellofemoral syndrome are being remanded to allow for additional VA examinations and consideration of the evidence.

The Board denied the veteran's claims for increased ratings for his service-connected gunshot wound residuals of the right tibia, genu valgum of the right knee, and left foot wound.

The veteran's claims for service connection are being remanded due to the need for additional notification and development.