Knee decisions — 2004

The Board has determined that the veteran's left knee disability warrants a 20% rating, reflecting complaints of pain and occasional swelling, as well as instability.

The Board has granted the veteran's claim for service connection for a left knee disability as secondary to his service-connected residuals of a right ankle fracture.

The veteran's claim for an earlier effective date for a compensable rating for his left knee disability was denied. The Board found that the requirements for establishing entitlement to such an effective date have not been met.

The veteran's appeal is remanded for additional development, including obtaining medical records and a VA examination to assess the severity of his left knee disability. The claim will be re-adjudicated based on the new evidence.

The Board has determined that the veteran's service-connected conditions, including PTSD and hypertension, materially contributed to his death from myocardial infarction. The Board finds that the appellant is entitled to dependency and indemnity compensation.

The VA denied the veteran's request for an increased rating for his left knee disability, currently evaluated at 20 percent. The evidence did not support a higher evaluation.

The Board has denied the veteran's claims for service connection for left shoulder bursitis and arthritis of the knees, finding that these conditions did not arise during or as a result of his military service.

The Board finds that the veteran currently has bilateral hearing loss recognized as a disability for VA purposes and affirms service connection for this condition. The other claims are denied.

The Board has granted service connection for lumbar myositis and small right knee effusion with a tear of the posterior horn of the lateral meniscus, both determined to be related to injuries sustained during active duty.

The Board has remanded the case for additional development, including obtaining medical records and arranging for a VA examination.

The veteran's service connection claims for degenerative disc disease, residuals of a chest contusion, and post-traumatic arthritis were denied. The claim for an evaluation in excess of 30 percent for left distal radius and ulna fracture was granted. The claim for a compensable evaluation for right thumb arthritis was denied. The claim for initial evaluations in excess of 10 percent for degenerative joint disease of the left knee and post-traumatic arthritis of the right knee were both denied.

The Board has determined that the VA did not provide proper VCAA notice and has ordered additional development to address these issues. The veteran's claims for compensation under 38 U.S.C.A. § 1151 and an increased disability rating are being remanded.

The Board has decided to remand the case for further development, including obtaining medical records and scheduling an examination.

The Board denied the veteran's claims for service connection for cervical spine disability, right knee disability, migraine headaches, and major depression.

The Board found no evidence of a nexus between the veteran's bilateral knee pain and his active duty service, thus denying his claim for service connection.

The veteran's case is being remanded for additional development, including consideration of new evidence and addressing issues related to the left knee disability.

The Board has granted increased ratings for the veteran's service-connected right knee disability (status-post medial meniscectomy with arthritis) and low back strain, both currently rated as 10 percent disabling.

The Board found that the veteran's current left knee disability did not begin during his period of service and is not otherwise attributable to service. As a result, the claim for service connection was denied.

The veteran is seeking an earlier effective date for the award of service connection for residuals of frostbite of the left lower extremity and right above-the-knee amputation, which was granted by the Board.

The Board denied the veteran's claims for service connection for residuals of a corneal abrasion and periorbital contusion, bilateral hearing loss, bilateral knee scars, chronic fatigue syndrome, increased evaluations for PTSD, lumbar paravertebral myositis with small disc protrusion, and hypertension.