Knee decisions — 2004

The veteran's right knee disability, which was initially granted in March 2002 and rated as 10 percent disabling under Diagnostic Code 5259, is now rated at the same level due to continued symptoms of pain, weakness, and fatigability. Beginning May 14, 2002, arthritis of the right knee is separately evaluated under Diagnostic Code 5003.

The Board has remanded the case for further development, including obtaining complete reserve component records and scheduling a VA examination to determine if any current left knee or low back disabilities are secondary to or aggravated by the veteran's service-connected right knee disability.

The veteran's claim for an increased rating for his service-connected residuals of a shell fragment wound to the left knee, with internal derangement of the knee and peroneal nerve injury is being remanded due to the need for additional examinations and updated medical records.

The Board finds that the veteran's right hip arthritis and low back disorder are secondary to his service-connected left knee disorder, with reasonable doubt resolved in favor of the claim. The bilateral foot disorder is not related to his service-connected left knee disorder.

The Board denied the veteran's claims of service connection for hearing loss, right knee disorder, left arm disorder, and left shoulder disorder. The decision also noted that a claim of entitlement to service connection for tinnitus was remanded.

The Board has determined that the evidence is at least in equipoise on whether the veteran's current right hip and right knee disabilities are related to his service-connected residuals of a gunshot wound to the mid-right thigh. As such, the claim for secondary service connection is granted.

The Board denied service connection for low back pain, musculoskeletal symptoms, and knee pain as undiagnosed illnesses due to a lack of evidence linking these conditions to service.

The veteran's right total knee replacement is rated at 30 percent, and the right knee scarring is currently rated at 10 percent. The appeals for increased ratings are denied.

The Board has granted a 20 percent rating for the veteran's service-connected left foot disability, which is characterized as moderately severe degenerative joint disease. The decision also addressed the issue of bilateral knee disability but did not reach a final determination.

The veteran's claim for an increased rating for his service-connected left knee disability is being remanded due to the need for a VA examination and compliance with VCAA notice requirements.

The veteran's service-connected right knee disability is not rated higher than 30 percent due to the absence of severe painful motion or weakness, and no other criteria for a higher rating are met.

The Board denied the veteran's claims for increased ratings for his lumbosacral strain with traumatic arthritis and right knee arthritis. The veteran was previously granted service connection for these conditions, but the appeals were not about the initial grant of service connection.

The Board has determined that the veteran's current bilateral knee disorder is service-connected due to injuries sustained during combat in World War II.

The Board has remanded the case for additional development and review of the evidence.

The Board has remanded the issues for further review and decision. The veteran's claims of service connection for sinusitis, headaches, impaired sleeping, ear, nose, and throat disorder, right shoulder disability, and retropatellar syndrome of the right knee are being reviewed.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection of a left knee disorder. The case will be remanded to the RO for further action.

The Board has denied the veteran's claims for service connection for hepatitis, bilateral hearing loss, and a left knee condition. The decision on the left knee claim is final as it was not appealed.

The Board has determined that the veteran's current left knee and low back disabilities are not related to service, and thus denied his claims for these conditions. The case is being remanded to provide a VA examination to determine if there is any relationship between the veteran's current disabilities and service.

The VA denied the veteran's claims for a higher rating for his left knee scars and service connection for a lumbar and cervical spine disorder that he claimed was related to his service-connected left knee condition.

The veteran's right knee disability, including traumatic arthritis and instability, is currently rated at 10 percent. The appeal for a restoration of the 10 percent rating for right knee instability was granted.