Knee decisions — 2004

The veteran's claims for increased ratings and service connection were denied. The case is REMANDED to obtain VA examinations, Social Security Administration records, and evidence from the veteran.

The Board has remanded the case for further development and consideration due to new evidence submitted by the veteran, including a VA examination report.

The Board found that the veteran's knee conditions were not caused or aggravated by his service-connected low back condition and denied the claim.

The Board has determined that the veteran's service-connected disabilities do not warrant evaluations in excess of 10 percent for degenerative joint disease of the lumbosacral spine, traumatic arthritis of the cervical spine, and left knee disability.

The Board denied service connection for multiple eye disabilities and TDIU due to left knee chondromalacia. The veteran's eye conditions are not considered service-connected, and his left knee condition does not prevent him from obtaining or maintaining substantially gainful employment.

The veteran's claims for increased ratings and a total rating based on individual unemployability due to service-connected disabilities have been denied by operation of law due to his failure, without good cause, to report for VA examinations.

The veteran's claim for an increased rating for his service-connected degenerative arthritis of the left knee is being remanded due to the need for additional development, including a VA examination and consideration of new evidence.

The Board has determined that there is a need for further VA assistance in obtaining additional service medical records and conducting examinations to determine the current existence and etiology of claimed conditions, as well as the severity of the veteran's low back disorder. The claims will be remanded for these actions.

The veteran's claim for a total rating for compensation based upon individual unemployability prior to June 6, 2001 is being remanded due to the need for additional development and examination.

The veteran's service-connected disabilities have not worsened to the extent that they preclude him from performing his occupation as a cook, and the occupation is not unsuitable on the basis of his specific employment handicap.

The Board has determined that the veteran's right knee arthritis is a result of his service-connected left knee arthritis, and thus grants service connection for this condition.

The Board denied service connection for right and left knee disabilities, as well as a back disability. The veteran sustained multiple abrasions in service but no chronic disabilities of the knees or back were reported at separation. Arthritis was initially demonstrated many years after service, and the most probative medical evidence indicated that these current disabilities are not related to his military service.

The Board has determined that the veteran is entitled to an extension of a temporary total disability rating based on convalescence following left knee surgeries in April and February 1998, up to October 24, 1998.

The veteran's claims for increased evaluations of his service-connected right and left knee disabilities were denied, except for the claim for a total evaluation based on right knee replacement which was granted.

The Board denied an evaluation greater than 30 percent for postoperative residuals of a right knee disorder with degenerative arthritis, finding that the veteran's disability did not meet criteria warranting a higher rating.

The Board finds that the appellant does not have a right knee disability that is causally related to or worsened by his service-connected left knee disability, and thus, denies the claim for service connection for a right knee disability secondary to service-connected left knee disability.

The Board denied the veteran's requests to reopen his claims for service connection of a right knee disability, defective hearing of the right ear, and a right eye disorder due to lack of new and material evidence.

The Board has denied the veteran's claim for an increased rating for his post-operative residuals of a right knee injury, finding that the current disability rating adequately reflects the severity of his condition.

The veteran's appeal is being remanded for scheduling a video-conference hearing before the RO. The issues of service connection and reopening claims are still pending.

The Board has reopened the claim for service connection for a left knee disorder based on new and material evidence. Further development is needed to determine if the veteran's current disability is related to his military service.