Knee decisions — 2004

The veteran's claim for an increased rating for service-connected degenerative joint disease of the right knee is being remanded due to new evidence received after the November 2003 Supplemental Statement of the Case.

The Board denied the veteran's claims for service connection for blurred vision, a gynecologic disorder, and bilateral knee disorders due to lack of new and material evidence for the blurred vision claim and insufficient medical evidence supporting the other two claims.

The Board found that the veteran's compensation benefits were properly reduced to a 10 percent rate due to his incarceration, as he was incarcerated for felony convictions before October 7, 1980.

The Board denied service connection for degenerative arthritis of the low back, right knee, and left knee, status post total knee arthroplasty. The evidence did not establish a link between these conditions and military service.

The Board denied the veteran's claims for service connection for a right knee disorder and an increased evaluation for his left knee disability, both of which were pending at the time of his death. The appeals are denied.

The Board has determined that additional development is necessary and the case is REMANDED to the RO for further development.

The Board has determined that additional development is needed to fully and fairly consider the veteran's claims, including obtaining verification of his claimed stressors and a VA examination for his spine disorder.

The Board found no evidence to support service connection for thrombophlebitis of the left leg and knee or deep vein phlebitis of the right calf, as there was no medical nexus between these conditions and the veteran's military service.

The veteran's left knee disability, post-total knee replacement surgery, has been rated at 40 percent since January 2001. The RO found that the condition warranted such a rating based on limitation of motion and functional impairment.

The veteran's left knee disability is rated at 20 percent, his epididymitis and bilateral hydrocele are rated at 10 percent prior to December 8, 2003, and his tinnitus is rated at 10 percent. These ratings have been in effect since the grant of service connection.

The veteran is seeking higher initial ratings for his service-connected osteochondritis dessecans of the knees. The RO granted service connection and assigned an initial 10 percent rating for each knee, but the case is being remanded due to a lack of recent medical examination.

The Board has determined that the veteran's low back disorder is aggravated by his service-connected right knee disability, warranting a finding of secondary service connection. However, the claim for an increased rating for the right knee condition remains denied.

The Board has granted a rating of 10 percent for the service-connected right knee arthritis prior to October 20, 2000. The veteran's claim for an increased rating beyond this point is denied.

The veteran is seeking service connection for peripheral neuropathy of the lower extremities and arthritis of the knees, both claimed as secondary to his service-connected residuals of cold weather injuries in the lower extremities. The Board finds that a remand is necessary to clarify whether service connection has been established for these disabilities and to obtain an opinion on their etiology.

The Board has ordered additional development due to outstanding medical records and the need for a VA examination. The veteran's claim for service connection for his right knee disorder will be reconsidered after these steps are completed.

The Board has determined that the veteran's pre-existing right knee disorder was aggravated during service, warranting service connection.

The Board denied the veteran's claims for service connection for a cervical spine disorder and residuals of a right knee injury, as well as his claim for non-service-connected pension benefits. The decision also noted that the veteran had served in ACDUTRA (Active Duty Training) during November 16, 1971 to February 19, 1972.

The veteran's arthritis of multiple joints, including the back, neck, left shoulder, and knees was not incurred in or aggravated by wartime service nor is it due to Agent Orange exposure.,Leukocytosis and hypolipoproteinemia were not incurred in or aggravated by wartime service nor are they due to Agent Orange exposure.,Arthritis of the right shoulder was not attributable to Agent Orange exposure.,The RO's May 1994 rating decision denying service connection for headaches, due to Agent Orange exposure is final. New and material evidence has not been submitted to reopen this claim.,The RO's January 2000 rating decision denying service connection for heart disorder, due to Agent Orange exposure is final. New and material evidence has not been submitted to reopen this claim.

The veteran's appeal is remanded due to procedural deficiencies and the need for additional medical examination.

The Board has determined that the veteran's residuals of right knee surgery are service-connected, based on continuity of symptomatology from his in-service surgeries.