Knee decisions — 2004

The veteran's appeal is remanded due to incomplete records and a need for further medical examination. The issues of rating his service-connected arthritis and instability are being referred back to the RO.

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

The veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and ensuring compliance with notification requirements.

The Board denied the veteran's claims for service connection for hypertension and residuals of a left knee injury, finding no new and material evidence. The claim for chest pain is addressed in the REMAND portion.

The Board has determined that the veteran does not have chronic residuals of a left knee injury, low back injury, bilateral hearing loss, or left ankle injury as claimed. The claims are denied.

The Board has remanded the case for further development due to incomplete service records and the need for a VA examination.

The veteran's claim for service connection for a back disorder is denied. The claims for increased ratings for right knee anterior cruciate ligament reconstruction and degenerative joint disease of the right knee are granted, each with a rating of 20 percent.

The Board denied the veteran's claims for higher ratings for his service-connected patellofemoral syndrome, left and right knees. The low back disability claim was also denied as there is no current evidence of a chronic disability. Bilateral hearing loss and right hand disability were not found to be related to service.

The veteran's appeal is being remanded due to procedural defects in notification and development of evidence. The RO must ensure all required notifications are provided, obtain any relevant medical records, and readjudicate the claim.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to determine the etiology of his current knee and elbow disabilities.

The Board has determined that the appellant's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and thus grants a total disability rating for compensation purposes based on individual unemployability.

The Board denied the applications to reopen previously denied claims of service connection for a psychiatric disorder, low back disorder, right and left knee disorders, cluster migraine headaches, and chronic fatigue. The evidence received since the previous decisions was not new and material.

The veteran's appeal is remanded due to procedural defects and additional development needs, including obtaining VA treatment records, scheduling orthopedic and scar examinations, and issuing a Statement of the Case if benefits cannot be granted.

The Board denied reopening of the veteran's claims for service connection due to lack of new and material evidence.

The Board has determined that the reduction in rating from 30 percent to 10 percent for the veteran's right knee disability was proper, and denied entitlement to increased ratings for both service-connected disabilities.

The Board denied the veteran's claims for service connection for post-traumatic stress disorder, left eye conjunctivitis, and right leg arthritis. The appeals to reopen claims of entitlement to service connection for residuals of a right knee injury, residuals of a left knee injury, and right eye conjunctivitis were also denied.

The Board found no clear and unmistakable error in the June 1997 rating decision that granted a total disability rating based on individual unemployability, effective June 28, 1996. The November 1997 rating decision was also considered final as it did not assign an earlier effective date for the grant of a total disability rating due to service-connected disabilities.

The veteran's claims for service connection for PTSD, bilateral hearing loss and tinnitus were granted. He was also granted initial evaluations of 10 percent for Type II diabetes mellitus, peripheral neuropathy of the right lower extremity, and peripheral neuropathy of the left lower extremity, effective from January 4, 2001 (diabetes mellitus) and October 23, 2001 (peripheral neuropathy of each lower extremity), respectively. The veteran's claim for a TDIU was denied.

The Board denied the veteran's claims for increased evaluations for his service-connected post-operative left knee reconstruction with early traumatic degenerative changes, finding that the evidence did not meet the criteria for an evaluation in excess of 20 percent from June 15, 2001 to August 28, 2001 and a rating in excess of 10 percent effective November 1, 2001.

The Board has denied the veteran's claims for service connection for left knee disability and hemorrhoids. The case is being remanded to consider whether preexisting conditions existed prior to service.