Knee decisions — 2004

The veteran's right knee disability, characterized by arthritis and limitation of motion, is currently rated at 20% under Diagnostic Code 5258. A separate 10% evaluation for the limitation of flexion due to arthritis has also been granted.

The veteran's claims of service connection for bilateral knee disorders and increased disability ratings for various other conditions have been dismissed due to his failure to respond to requests for evidence, including a scheduled VA examination. The Board finds that the veteran has abandoned these claims.

The Board denied the veteran's claims for service connection for right shoulder bursitis, joint pain of the hands and left shoulder due to an undiagnosed illness. The decision also noted that her initial claim for a compensable rating for her left knee disability was granted.

The Board has denied the veteran's claims for service connection for chest pain and headaches, as well as his increased rating claims. The veteran is not entitled to these benefits based on the evidence of record.

The VA denied the veteran's claim for an initial evaluation in excess of 20 percent for his left knee injury, which was already assigned a 20 percent evaluation.

The Board has determined that the veteran's claimed conditions, including hypertension, low back disability, and bilateral knee disability, are not service-connected. The evidence does not show their onset during active service or for many years thereafter, and there is no indication of a causal relationship to military service.

The veteran's appeal is remanded for additional development, including a VA examination to assess the severity of his service-connected bilateral weak feet with metatarsalgia and any current right or left knee disorders or right or left hip disorders. The examiner must provide opinions regarding whether these conditions are related to his service-connected disabilities.

The veteran is seeking service connection for a right knee disability that he claims is secondary to his service-connected left knee meniscal tear. He also seeks an increased evaluation for his service-connected left knee meniscal tear.

The Board has determined that the veteran does not have leg disability or arthritis that is attributable to his military service.

The veteran's TDIU claim is granted, and she has withdrawn her appeals on the remaining service connection issues.

The Board found that the veteran had submitted new and material evidence to reopen his claims for a chronic acquired respiratory disorder, hypertension, and bilateral ankle and knee disorders. The VA examinations conducted in June 2003 supported service connection for these conditions.

The Board has granted service connection for a right foot disorder, manifested by plantar warts and calluses, incurred during active military service. The other issues on appeal are addressed in the REMAND portion of this decision.

The Board denied the veteran's claims for service connection for hearing loss, tinnitus, a cervical spine disorder, and arthritis of the knees and legs. The evidence did not establish that these conditions were related to his military service.

The Board has reopened the veteran's claim for service connection of a left knee disability due to new and material evidence submitted since the April 1958 rating decision. The claim is now considered for further review.

The Board has remanded the issues of service connection for bilateral knee and hip disabilities claim as secondary to service connected shell fragment wounds of the right leg and foot, increased evaluation for PTSD from September 19, 1997 to September 28, 1999, and increase in the 10 percent evaluation currently assigned for residuals of shell fragment wounds to the right leg and posterior portion of the right foot with retained foreign body, involving Muscle Group XI.

The VA determined that the veteran's right knee instability was manifested by moderate subluxation or instability prior to May 16, 2003 and granted a 10 percent rating for this condition.

The Board has dismissed the appeal due to the appellant's withdrawal of his claims.

The veteran's claims of service connection for bilateral hearing loss, right and left knee disabilities are being remanded due to the unavailability of his service medical records. The VA is instructed to obtain any relevant treatment records from private physicians and conduct VA audiological and orthopedic examinations to determine the current nature and likely etiology of these conditions.

The Board found that the veteran's heart disease was not incurred in or aggravated by service, nor may it be presumed to have been incurred therein. The right knee disability is denied as there is no clear evidence of a nexus between the current condition and service.

The Board has denied the veteran's claims for service connection for a lower back condition and left knee disability, as well as his claim for a compensable initial rating for residuals of fragment wound to the right scapular area. The effective date issue is also pending.