Knee decisions — 2004

The Board has granted a 30 percent schedular rating for instability of the right knee, which is the maximum available under Diagnostic Code 5257. The veteran's claim for an extra-schedular rating and increased rating for osteoarthritis of the right knee is being referred to the RO for further action.

The Board has determined that further development is needed to properly evaluate the veteran's Baker's cyst of the left knee, including obtaining medical opinions regarding its severity and any relationship to his service-connected condition. The case will be remanded for this purpose.

The Board has remanded the veteran's claims for service connection for a right knee disability and low back pain due to insufficient medical evidence. The RO is instructed to arrange for further VA examinations, obtain additional evidence, and readjudicate the claims.

The veteran's appeal is being remanded for additional development, including VA examinations and the evaluation of his service-connected conditions under both old and current rating criteria.

The Board has determined that the veteran does not have current disabilities for which service connection can be granted, including a back disability, left knee disability, and bilateral hearing loss.

The Board found that the veteran's bilateral knee disability was not incurred in or aggravated by his active duty service and did not pre-exist service. The claim for service connection is denied.

The Board has remanded the case due to scheduling issues for a video hearing before a Veterans Law Judge.

The veteran's knee conditions have been rated based on their current status, with no higher ratings granted for the left and right knees prior to specific dates.

The Board denied an increased rating on an extra-schedular basis for the veteran's service-connected right knee disability, currently evaluated at 20 percent. The evidence did not show marked interference with employment or frequent periods of hospitalization due to the disability.

The VA has determined that the current ratings for right and left knee disabilities are appropriate, as there is no evidence of instability or subluxation in either knee.

The VA denied the veteran's claims for increased disability evaluations for his service-connected chondromalacia of the right and left knees, finding that the current level of severity does not warrant a compensable evaluation.

The veteran's appeal is being remanded due to the inaudibility of his Travel Board hearing recording, and he has requested another hearing. The case will be returned to the Board after the new hearing.

The RO denied the veteran's claims for increased evaluations for his service-connected retropatellofemoral syndrome of the right and left knees, pes planus, and migraine headaches.

The Board denied the veteran's claims for service connection for post-traumatic stress disorder, a gastrointestinal disorder characterized as esophagitis and gastritis, and a right knee disability. The claim for a compensable rating for lower back pain secondary to spondylolysis without radiculitis or radiculopathy was also denied.

The veteran's appeal is being remanded for a hearing before the Board at the Detroit, Michigan RO.

The Board has determined that the veteran's left knee disability, manifested by degenerative joint disease and status post arthroscopic meniscectomy, is due to an injury that occurred during his active service.

The Board has remanded the veteran's claims for service connection for back pain and right knee pain due to incomplete development of the record.

The Board denied service connection for a right knee disability and found that the claim to reopen service connection for a low back disorder as secondary to a right knee disorder is without legal merit.

The Board has granted service connection for a headache disability, multiple shrapnel injuries with scars to the left arm, left leg, and left knee, and hepatitis. The veteran's headaches are found to be aggravated by his service-connected residuals of head injury. Multiple shrapnel injuries with scars were incurred during active duty. Hepatitis is presumed to have first manifested in service.

The Board has denied the veteran's claims for service connection for hearing loss, arthritis of the knees, arthritis of the left ankle, and fungal infection of the hands and feet. The evidence does not establish a nexus between any in-service disease or injury and these conditions.