Knee decisions — 2004

The Board has determined that an effective date earlier than September 5, 2000 for the grant of service connection for the veteran's right knee disorder is not warranted. The claimant's previous claims were deemed abandoned due to his failure to provide a completed Form 4176 within one year of being requested.

The Board has remanded the case for additional development, including obtaining medical records and conducting examinations to determine if the veteran's epilepsy and knee disorders are related to service.

The VA is asked to review the character of the appellant's discharge and determine if it constitutes a bar to receiving VA compensation benefits. The appeal is being remanded for additional development.

The veteran's claim for an increased rating for his post-operative total left knee arthroplasty is being remanded due to the inadequacy of a previous VA examination in assessing the severity of his condition.

The Board denied the claims for service connection for memory loss and angioedema of the lower lip, as well as the initial evaluations in excess of 10 percent for left knee reconstruction and sinus disability with headaches. The appellant's claim for service connection was reopened on new evidence.

The veteran's claim for an increased evaluation for his service-connected patellar tendonitis of the left knee with degenerative changes is being remanded due to incomplete development and need for further examination.

The Board denied the veteran's claims for higher ratings for residuals of status-post meniscectomy of the right knee and post-operative left knee disability, finding that the evidence did not meet the criteria for a rating in excess of 20 percent for the right knee or separate initial ratings for instability of the left knee and arthritis with limited motion due to pain.

The Board has determined that the veteran's current 20 percent disability rating for chondromalacia of the right patella is appropriate, and a separate 10 percent rating for osteoarthritis of the right knee is also granted.

The Board has remanded the case for further development, including new VA examinations and consideration of the appropriate rating criteria.

The veteran's service-connected disabilities do not meet the criteria for a certificate of eligibility for assistance in acquiring specially adapted housing or necessary special home adaptations due to lack of evidence showing loss of use of one or both lower extremities.

The Board has reopened the claim for service connection for a left knee disorder due to new and material evidence. However, the claim is denied as the injury was not incurred in the line of duty.

The veteran's appeal is being remanded for additional development, including a new examination to assess the severity of his service-connected small intestine disorder and another VA examination to determine the current nature and severity of his left knee instability. The case will be returned to the Board after these examinations.

The veteran's diabetes mellitus, type II, is granted as incurred in service. The claims for hearing loss and tinnitus are reopened due to new evidence received since the previous denial. The claims for residuals of low back injury, neck injury, bilateral leg disability, knee disability, and foot disabilities remain denied.

The Board has determined that a new examination is necessary to determine the nature, extent, and etiology of the veteran's claimed arthritis of the right knee and ankle and his claimed osteomyelitis. The claims are remanded for further action.

The Board has determined that the veteran does not have any chronic disabilities of the right leg, knee, middle finger, nose, wrist, shoulder, or great toe that are service-connected. The back disability is also denied.

The Board has reopened the veteran's claim for service connection for chondromalacia of the right knee based on new evidence submitted since the May 1996 denial.

The Board has granted the veteran's claim for service connection for degenerative joint disease of the left knee and has remanded his claims for increased ratings for instability and arthritis of the right knee.

The Board has remanded the case for additional development, including obtaining service personnel records and medical treatment records. The veteran's right knee disorder is being evaluated to determine if it was present at entry into active service or increased in severity during service.

The Board has determined that the veteran's current right knee disorder may be related to his active service, specifically a 500-pound armature rolling into or over his knee in 1944. However, due to the absence of pertinent service medical records and the need for further development, the case is being remanded for additional examination and analysis.

The Board denied the veteran's claims for service connection for multiple joint pains involving shoulders, elbows, wrists, knees, and ankle joints due to an undiagnosed illness and for increased rating for hypertensive heart disease. The evidence did not support a finding of service connection based on presumptive exposure to Gulf War operations.