Knee decisions — 2004

The Board denied service connection for a skin rash of the elbows, a back disability, bilateral hip and knee disabilities, residuals of dislocation of the right middle finger, and a tail bone disability. Service connection was granted for tinnitus with an initial rating of 0 percent.

The Board denied the veteran's claims for service connection for a left knee disability and for entitlement to a total disability rating based on individual unemployability. The decision found no evidence linking the current left knee disability to military service.

The Board has remanded the case for further development, including an appropriate VA examination to assess the severity of the service-connected right and left knee disabilities. The RO will consider whether separate ratings should be assigned for instability in each knee.

The veteran's claims for increased ratings for his right knee disabilities are being remanded due to the need for additional medical examinations and development of records.

The veteran's claims for increased evaluations of his service-connected left leg condition and for service connection for a left knee disorder were denied. The RO confirmed the current ratings, with an increase to 40 percent for residuals of a gunshot wound of the left lower leg (Muscle Group XI) effective from September 1997.

The Board has reopened and granted service connection for right knee osteoarthritis, arthritis of the right foot, and arthritis of the left foot. The claims were originally denied due to lack of evidence linking these conditions to service.

The Board denied the veteran's claims for service connection for bilateral hearing loss and left knee disability. The Board found that there was no evidence of a hip disability or left knee disability during service or within one year after separation from service.

The Board denied the veteran's claims for service connection for a bilateral knee disorder as secondary to his service-connected respiratory disability, and also denied the timely filing of appeals regarding housing and adaptive equipment benefits.

The veteran's appeal is being remanded for additional development, including obtaining medical records and conducting examinations to assess the severity of his service-connected disabilities.

The veteran's right shoulder disorder was granted a 20 percent rating, while the other issues remained at noncompensable ratings.

The Board has determined that new and material evidence has been received to reopen claims for service connection for hemorrhoids, low back disorder (previously characterized as developmental anomaly of the lumbar spine), hypertension, edema of the feet, ankles, hands, abdomen, and face, diabetes mellitus, abnormal laboratory findings, fibromyalgia, lupus, multiple sclerosis, liver disability (to include cirrhosis), respiratory (lung) disability, osteoarthritis of the major and minor joints, eye disability, tremors of the upper extremities, carpal tunnel syndrome, Meniere's syndrome, headaches with dizziness, nausea, and lightheadedness, chronic Candida, low back pain with pain radiating into the hips (previously characterized as developmental anomaly of the lumbar spine), an acquired hamstring disorder, an acquired bilateral hip disorder, a bilateral knee disorder, and a bilateral elbow disorder. However, service connection is not established for any of these conditions.

The Board found no evidence of current right knee and hip disorders or kidney disorder related to service. The veteran's duodenitis and gastritis with reflux were also not found to be related to service.

The Board denied the veteran's claims for service connection for a low back disability, increased ratings for his right and left knee disabilities, and an increased rating for his fracture of the right third metatarsal. The RO has not assigned any compensable ratings to these conditions.

The Board has granted service connection for current, chronic knee and ankle disabilities that the veteran claims are related to his military service.

The veteran's service-connected disabilities do not necessitate the care or assistance of another person on a regular basis to attend to his activities of daily living and protect him from hazards in his environment. The need for aid and attendance is due to non-service connected paraplegia caused by spinal stenosis.

The veteran's service-connected left knee disability, characterized by degenerative joint disease, is currently rated at 10 percent. The Board has determined that the current evaluation adequately reflects the severity of his condition.

The veteran's claims for an evaluation in excess of 20 percent for right knee patellofemoral syndrome and an initial evaluation in excess of 30 percent for PTSD were denied. The Board found that the evidence did not support a higher rating for either condition.

The veteran's claim for an increased rating for residuals of a fracture of the right femur and tibia with impairment of the femoral artery and sciatic nerve and degenerative joint disease of the right knee is granted, resulting in a disability rating of 80 percent. The claims for increased ratings for residuals of a fracture of the left femur with sciatic nerve involvement, due to a shell fragment wound, and for degenerative joint disease of the left ankle are denied.

The Board has determined that the veteran's right knee disability, characterized by radiographic evidence of arthritis resulting in pain and slightly decreased range of motion, does not warrant a rating higher than the current 10 percent evaluation.

The Board found that the veteran did not sustain an injury to her left knee during service and that arthritis of the left knee was not diagnosed, radiographically identified, or otherwise manifested within one year following separation from active duty. Therefore, the claim for service connection for residuals of a left knee injury is denied.