Knee decisions — 2004

The VA denied the veteran's application to reopen his claim for service connection due to lack of new and material evidence, as the evidence did not raise a reasonable possibility of substantiating his claim.

The Board found that there is no probative medical evidence of a left knee disorder, arthritis of the hands, PTSD, heart disorder to include breathing problems, or hypertension in service. Therefore, the veteran's claims for these conditions were denied.

The Board denied the veteran's claims for service connection for a chronic acquired bilateral knee disorder, bilateral hearing loss, and acne. The Board found that a chronic acquired bilateral knee disorder was not incurred in or aggravated by active service, nor is one proximately due to, the result of, or aggravated by service-connected residuals of a back injury. Bilateral hearing loss was not shown in active service, nor is it presumed for organic disease of the nervous system (sensorineural hearing loss). The Board also found that preexisting acne did not permanently worsen during active service.

The veteran's appeal is being remanded for additional development to address his claims of increased ratings and effective date issues.

The Board denied the veteran's claims for service connection for various conditions, including right and left knee disabilities, a left ankle disability, dysthymia with depression, PTSD, and a heart disability claimed as tachycardia. The decision also noted that new evidence submitted did not meet the criteria to reopen the claim for service connection of the heart disability.

The Board has granted service connection for the veteran's bilateral hand and finger pain, finding that it is likely due to disease or injury incurred in active service. The claims for hemorrhoids and left knee conditions are not addressed as they were not part of the appeal.

The Board has remanded the case for additional development, including obtaining medical records and providing the veteran with VA examinations to determine if his current left knee and low back disorders are related to service.

The veteran's appeal is being remanded for further development, including a VA orthopedic examination to determine the nature and extent of his left knee disability.

The veteran's appeal is being remanded for additional development, including obtaining medical records and conducting examinations to assess his right knee disorder and duodenal ulcer.

The veteran's appeal is being remanded to the RO for additional development, including obtaining VA examination reports related to his left knee injury and iliac spine fracture.

The Board denied the veteran's claims for evaluations greater than 20 percent for degenerative arthritis of his left and right knees, finding that the evidence did not support such a rating.

The Board denied service connection for right knee disorder, left knee disorder, right heel pain, and headaches as the claims were not well-grounded.

The Board granted service connection for migraine headaches and left knee strain, assigning a noncompensable rating to both conditions effective May 1, 1996. The veteran was also granted entitlement to service connection for bilateral hearing loss disability and sinus disorder, but the issues were not addressed due to procedural issues.

The Board has ordered the case to be remanded for additional development and notification due to a failure to provide proper VCAA notice.

The veteran's appeal is being remanded for additional development to determine her eligibility for specially adapted housing, a special home adaptation grant, and an automobile and adaptive equipment or adaptive equipment only.

The veteran's appeal is being remanded for additional development, including a VA orthopedic examination and further adjudication of his service connection claims.

The Board denied the veteran's claim for service connection due to lack of new and material evidence, as the submitted evidence did not relate to an unestablished fact necessary to substantiate the claim.

The veteran's appeal was dismissed due to his death during the pendency of the appeal. The Board has no jurisdiction to adjudicate the merits of his claims as he is deceased.

The Board has determined that the veteran's current left knee disability is reasonably due to his other service-connected orthopedic problems, and thus grants service connection for a chronic left knee disorder.

The veteran's appeal is remanded due to the need for a current VA examination of his right knee disability. The claim will be reviewed again after obtaining any additional medical records and conducting the requested examination.