Knee decisions — 2004

The veteran is seeking service connection for a left knee disability that he claims is secondary to his service-connected right ankle disability. He also seeks an increased evaluation for his right ankle disability. The Board has determined that additional development, including a VA examination, is needed before these issues can be decided.

The Board has granted service connection for disability of the joints, finding that it is at least as likely as not related to the veteran's active duty military service in the Persian Gulf War.

The Board denied the appellant's claims for DIC benefits under 38 U.S.C.A. § 1151 and dependents' educational assistance pursuant to Chapter 35 of Title 38, United States Code. The Board found that there was no clear and unmistakable error in the April 1954 RO rating decision regarding service connection for a psychiatric disability or any other condition. Additionally, the Board determined that the veteran's death did not result from VA medical care.

The Board has determined that hypertension is service-connected, and arthritis of the lumbar spine, knees, elbows, hands, hips, and left foot are also service-connected.

The VA denied service connection for the veteran's claimed conditions, finding that none of them were incurred or aggravated by his military service.

The veteran's claim for a TDIU is being remanded due to the need for additional development, including a new VA examination and social and industrial survey.

The Board has remanded the case for additional development and readjudication of the claims due to new evidence.

The veteran's left knee disorder is manifested by complaints of pain, weakness, swelling and fatigability. Objective evidence demonstrates that the veteran's left knee shows residuals of removal of semilunar cartilage, lateral instability and a range of motion between 5 and 110 degrees. The RO denied an increased disability rating for his service-connected residuals of removal of semilunar cartilage from his left knee.

The Board has determined that the veteran is entitled to a 20% disability rating for his service-connected left knee post-traumatic arthritis from August 25, 1999 through January 11, 2000. For the period after January 11, 2000, the Board has determined that the veteran is not entitled to a higher initial disability rating.

The veteran is entitled to specially adapted housing due to his service-connected knee disabilities, which cause loss of use of the lower extremities and require constant use of canes or a walker.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling an orthopedic examination to assess the severity of his right knee disability.

The Board has determined that new and material evidence has been submitted to reopen the previously denied claim of entitlement to service connection for a chronic acquired disorder of the left knee.

The Board has determined that the December 7, 1950 rating decision reducing the evaluation for rheumatoid arthritis of the hands and right knee from 30 percent to noncompensable was clearly and unmistakably erroneous. The effective date is set as February 7, 1951.

The Board granted the veteran's claims for effective dates prior to March 19, 1998 for service connection of right knee internal derangement and meniscal tear with postoperative arthrotomy, partial medial meniscectomy, tricompartmental debridement, and instability, as well as arthritis with limitation of motion.

The Board has remanded the case due to the need for additional development, including obtaining medical records and scheduling a VA examination.

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

The Board has determined that the veteran's right hip disorder is not related to his service-connected right knee disability and therefore denied service connection for this condition.

The VA determined that the veteran's left knee condition, which includes internal derangement and subpatellar chondromalacia, does not warrant an evaluation in excess of 10 percent.

The Board found that the veteran's right knee disorder, myopia, and defective color vision were not incurred or aggravated by service. The claims for these conditions are therefore denied.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to assess her back, right knee, and left ankle conditions.