Knee decisions — 2004

The veteran's severe osteoarthritis of the right knee, degenerative with marked atrophy of the right thigh and leg associated with residuals of poliomyelitis is currently rated as 60 percent disabling.,The veteran's marked atrophy with winged scapula deformity of the left shoulder associated with residuals of poliomyelitis is currently rated as 20 percent disabling.

The Board found that a chronic right knee disorder was not incurred in or aggravated by service.

The veteran's right knee disorder, currently rated at 30 percent disabling under Diagnostic Code 5260 (for limitation of motion), is not more than moderately disabling. The VA has granted a rating increase to reflect the current severity of his condition.

The Board has denied the veteran's claims for service connection for hypertension, sinus bradycardia, systolic ejection murmur, pain of the knees and feet (other than undifferentiated connective tissue disorder with Raynaud's Phenomenon), and a low back disorder. The initial ratings assigned for urinary incontinence, irritable bowel syndrome with esophagitis, and undifferentiated connective tissue disorder with Raynaud's Phenomenon have also been denied.

The Board has remanded the case for additional development due to VCAA requirements, including a VA medical examination and readjudication of the service connection claims.

The Board has determined that further development is necessary to ensure that VA has fully complied with its duty to assist the veteran in developing his claim for an increased rating for a left knee disorder.

The Board found no competent medical evidence linking the veteran's current bilateral knee disorders to his service, and thus denied service connection for residuals of left and right knee injuries.

The Board denied all issues on appeal, finding that the veteran's service-connected conditions did not warrant increased ratings or new evaluations.

The veteran's service-connected disabilities (hypertrophic arthritis of the right knee, scar of the right hip, and scars on the right shoulder) prevent him from securing and maintaining substantially gainful employment.

The Board has remanded the case to the RO for consideration of new evidence and readjudication, including notification under the VCAA.

The Board denied the veteran's claims for service connection for various conditions, finding that there was no evidence of in-service injury or disease related to these conditions.

The Board denied the veteran's claims to reopen his service connection claims for various conditions, finding that no new and material evidence had been submitted.

The Board granted increased ratings of 10 percent for intermittent synovitis with mild chondromalacia of the left and right knees, as these conditions are currently rated at 10 percent.

The Board found that the veteran's current bilateral knee arthritis is not related to his military service and denied his claim for service connection.

The Board found no medical evidence linking the veteran's current disabilities to his service, including multiple parachute jumps. The claims for service connection were denied.

The veteran's claims for increased ratings and a TDIU were denied. The RO assigned separate and additional 10 percent ratings for arthritis from January 5, 1993 to March 2, 1998, but discontinued this rating as of that date. A 40 percent rating was assigned for residuals, right knee injury with limitation of motion and degenerative changes effective January 7, 2003.

The Board has dismissed the veteran's appeal due to his death.

The Board has remanded the case for additional development, including obtaining SSA records and VA medical records, arranging for a VA examination to determine whether the veteran is entitled to SMC based on A&A, and issuing a Supplemental SOC regarding the claim for specially adapted housing.

The Board denied the veteran's claims for service connection for osteoarthritis of the right knee, left shoulder, and inguinal hernia. The evidence did not support a finding that any of these conditions were incurred or aggravated by military service.

The Board has determined that there is no current evidence of a chronic respiratory disorder, and thus service connection for this condition cannot be granted. The other claims were not addressed due to the RO's request for additional development.