Knee decisions — 2004

The Board has granted a 30 percent rating for arthritis due to trauma of the right knee, effective February 4, 2002.

The Board has determined that the veteran's claims for service connection for right ear hearing loss and bilateral knee disability have been denied as new and material evidence has not been submitted since the April 1990 rating decisions.

The Board denied the veteran's claims for service connection of right knee, left knee, and low back disabilities as secondary to his service-connected bilateral hammertoes. The Board found that there was no causal relationship between the service-connected hammertoes and the current knee and back disorders.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for a left knee injury, which was previously denied in March 1979. The decision grants this reopening.

The veteran's claims for service connection are being remanded due to the need for additional development of his medical records and examination.

The Board denied increased ratings for left and right knee chondromalacia, finding that the evidence did not show extension or flexion limited to the required degrees.

The Board denied the veteran's claims for service connection for knee and low back disabilities, finding no current evidence of a disability or link to military service.

The Board denied the veteran's claims for increased evaluations for his right knee and hearing loss, as well as service connection for various conditions including a left knee condition. The veteran did not receive any compensation under 38 U.S.C.A. § 1151 for his left eye condition.

The Board has determined that new and material evidence has been received to reopen the veteran's claims for service connection for right knee disability, right shoulder disability, and low back disability. The claims are now considered on their merits.

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

The veteran is seeking compensation under the provisions of Title 38, United States Code, Section 1151 for left knee disability. The Board has remanded the case due to issues related to the transfer of his claims file to a private physician and other procedural matters.

The Board denied the veteran's claims for service connection for a right knee disorder and an increased rating for bronchial asthma with allergic vasomotor rhinitis. The evidence submitted since the initial decision was not new and material to reopen the claim of service connection.

The Board denied the veteran's claims for service connection for joint pain and muscle pain, finding that there was no medical evidence linking these conditions to his active military service or to undiagnosed illness.

The Board has granted the veteran's claim for secondary service connection for left knee arthritis, finding that it is likely due to his service-connected right knee disability.

The Board found that there is no evidence to support service connection for chondromalacia of the right knee. The left knee condition, diagnosed as retropatellar pain syndrome, was evaluated at a 10 percent rating based on its current manifestations.

The veteran seeks service connection for a right knee disability, which he claims is related to his service-connected disability. The RO has not obtained all relevant medical records and must ensure that the VCAA requirements are met before deciding the claim.

The Board denied the veteran's claims for service connection for hypertension and a bilateral knee disorder, as well as his petition to reopen his previously denied claim for service connection for a back disorder. The evidence did not support these claims.

The Board found that the veteran's right knee condition, characterized by degenerative joint disease (DJD), does not meet the criteria for a compensable rating under DC 5257 due to lack of instability or subluxation. A separate 10 percent rating was granted under DCs 5010-5003 for DJD with painful motion.

The veteran's claim for service connection for a chest disorder was denied as there was no evidence of a chronic low back disorder in service and no current diagnosis of a chest disorder. The remaining claims were not addressed due to the pending nature of other issues.

The Board denied the veteran's claims for service connection of a right knee disability and an increased rating for his left knee disability. The Board found that there was no evidence to support the veteran's claim that his current right knee disability is related to his service-connected left knee disability, and also determined that the preponderance of the evidence did not support a separate 10% rating for loss of flexion or extension of the left knee prior to September 8, 2003.