Knee decisions — 2004

The Board denied the veteran's claim for special monthly pension based on need for regular aid and attendance or being housebound due to his service-connected disabilities, as well as his non-service-connected conditions. The RO previously granted a non-service-connected pension.

The Board found that the veteran's left knee disability was not incurred in service and denied his claim for service connection.

The veteran's internal derangement of the left knee was rated at 20 percent from April 23, 1997, to June 30, 2003.,Osteoarthritis with limitation of motion of the left knee (status post surgery) was rated at 100 percent from August 4, 2000, to September 30, 2000; 20 percent from October 1, 2000, to June 5, 2001; and 30 percent since August 1, 2002.,Degenerative disc disease of L5-S1 was rated at 40 percent from September 11, 1998, to February 7, 2001; 60 percent from February 8, 2001, to January 31, 2002; and 40 percent since April 1, 2002.,Right L-5 radiculopathy affecting the right lower extremity was rated at 20 percent from September 23, 2002.,Service connection for trochanteric bursitis of the right hip (claimed as secondary to service-connected left knee disability) was granted.

The Board has granted a rating of 20 percent for instability of the left knee and denied any higher ratings for arthritis with limitation of motion. The veteran's left knee is rated based on its current functional impairment.

The VA has granted an increased rating of 40 percent for the veteran's left knee disability, effective August 2000. The current condition is characterized by weakness, pain, moderate swelling, limited range of motion, and tenderness in the lateral joint.

The Board has ordered a medical examination to determine if the veteran's current right knee disability is related to an injury during service, and to assign any appropriate rating.

The Board denied the veteran's claims for service connection for hypertension, residuals of left knee injury, residuals of surgery to remove a cyst (claimed as back surgery), and left leg pain. The decision is final due to lack of new and material evidence.

The Board denied the veteran's claims of service connection for a chronic acquired disorder of the right knee and an initial compensable evaluation for mechanical low back pain, finding no evidence to support these claims.

The Board has denied the veteran's claims for service connection for a right leg disorder and plantar warts. The right leg disorder is not shown to be related to service, while the plantar warts are noted in service records.

The Board found that the veteran's bilateral knee disabilities were not incurred in or aggravated by military service and denied his claim for service connection.

The veteran's right knee disability, including arthritis and instability, warrants a combined evaluation of 40 percent. The claim for service connection for left knee disorder is reopened based on new evidence.

The Board has determined that additional development is needed, including obtaining the veteran's reserve medical and personnel records from his period of service in the U.S. Army Reserve (1976-1995), scheduling a VA examination to determine if his current cervical spine disability had its onset during service, and then re-adjudicating the claims.

The Board denied the veteran's claims for service connection for coronary artery disease, residuals of a knee wound, residuals of a mine simulator explosion, and a hiatal hernia. The claim for a higher rating for PTSD is pending.

The Board has remanded the case for further development due to inadequate VA examinations and incomplete VCAA notice.

The veteran's claims for service connection are being remanded due to the need for additional development, including scheduling a VA examination and providing notice of what evidence is needed to substantiate his claims.

The Board has remanded the case for further development, including obtaining medical records and arranging for a VA examination to assess the veteran's right knee condition and any associated left ankle disability. The total disability rating claim will also be adjudicated.

The VA denied the veteran's claim for an increased evaluation of his right knee disability, as it did not meet the criteria for a higher rating based on current symptomatology.

The Board has denied the veteran's claims for increased evaluations for service-connected left shoulder strain, right great toe strain, and patellofemoral pain syndrome of the left knee. The issues of disability evaluations for cervical and lumbosacral strain and service connection for chest pain are remanded to the RO.

The Board has determined that the veteran does not have a current disability related to his service, except for left knee osteophyte and chondromalacia which is presumed due to trauma from active duty service. The other conditions are either not shown to be related to service or were not found by the RO in their initial decision.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for a right knee disorder, which is now considered. The Board also found that the veteran's preexisting right knee disability was aggravated by events in service.