Knee decisions — 2004

The Board has denied the veteran's claim for an increased rating for his left knee patellectomy residuals, currently rated at 30 percent.

The Board has determined that a new examination is needed for the veteran's service-connected disabilities due to inadequate previous examinations and revisions in evaluation criteria.

The Board has determined that the veteran's service medical records are unavailable and remands the case for further development, including obtaining authorization to release information from certain physicians and contacting the National Personnel Records Center.

The Board denied increased ratings for post-operative residuals of a right knee injury and right knee arthritis, finding that the current ratings under Diagnostic Codes 5257 (for post-operative residuals) and 5003/5260 (for arthritis) are appropriate.

The Board denied service connection for a disability in the left knee, finding that the veteran's current conditions are not related to his military service and were more than one year after discharge.

The Board has remanded the case due to procedural deficiencies, including failure to provide proper VCAA notice.

The Board is remanding the case to allow for additional development, including a supplemental opinion from the July 2003 VA examiner and possibly a new examination of the veteran's right knee.

The veteran is seeking service connection for claimed disorders of the right knee, hip, and neck. The Board finds that additional evidentiary development is necessary before this case can be adjudicated.

The Board has remanded the case for additional development and notification under the Veterans Claims Assistance Act of 2000 (VCAA). The veteran is to be provided with a supplemental statement of the case if benefits remain denied.

The Board has denied the veteran's claims for service connection for various conditions, including tinea versicolor, right knee disability, residuals of a nerve laceration along the radial aspect of the left index finger, back disability, and chronic headache disability. The RO granted service connection for coronary artery disease, left knee medial meniscal tear, traumatic arthritis of the right acromioclavicular joint, residuals of an arthrotomy of the first metatarsophalangeal joints of each foot with joint debridement for hallux limitus and degenerative joint disease, hemorrhoids, and anal fissure. The RO also denied entitlement to initial compensable disability ratings for these conditions.

The Board has remanded the case for further development, including a VA examination to assess functional impairments and instability of the right knee. The veteran's claim will be reconsidered based on this additional evidence.

The Board has determined that the veteran's claimed conditions, including rheumatoid arthritis, right shoulder impingement, degenerative joint disease of the lumbar spine, status post foraminotomy and diskectomy, lumbar strain, degenerative arthritis of the hands, and degenerative arthritis of the knees, are related to service. The Board has granted these claims.

The Board has determined that the appellant does not have PTSD, and there is no evidence of current disabilities involving shrapnel wounds or scarring to the right knee, upper lip and sinus. The claims for these conditions are therefore denied.

The Board denied the veteran's claim for an effective date earlier than June 3, 1994 for special monthly pension at the housebound rate. The earliest evidence suggesting entitlement to this benefit was a letter from the veteran received by the RO on June 3, 1994.

The veteran's appeal is being remanded for further development due to the need for additional examination and consideration of his claims for higher ratings for right and left knee tenosynovitis.

The veteran's service-connected tinea versicolor is shown to be productive of a disability picture that more nearly approximates that of exudation and exfoliation with extensive lesions, warranting an initial 30 percent rating.

The veteran's appeal is being remanded for additional development, including scheduling an appropriate examination and considering whether higher or separate ratings are warranted under alternative rating criteria.

The Board denied the veteran's claim for a higher rating for his service-connected right knee disability due to failure to report for a scheduled VA examination.

The veteran's appeal is being remanded for additional development, including VA examinations and the provision of a Supplemental Statement of the Case.

The Board has reopened the veteran's claim of entitlement to service connection for a bilateral knee disability due to new and material evidence presented since the August 1997 rating decision. However, the issue remains undecided as it is not clear whether the veteran's current knee disability is related to his military service.