Knee decisions — 2004

The Board has determined that the veteran's left knee disorder was not incurred in or aggravated by service, and his right knee disorder is currently manifested by pain but no objective findings of instability. The preponderance of evidence does not support a grant of service connection for either condition.

The veteran's claims for increased ratings for left knee and shoulder disabilities were denied. The Board found that the evidence did not meet the criteria for a rating in excess of 10 percent prior to June 4, 2003, for his left knee disability, and did not find sufficient evidence to warrant an initial evaluation greater than 10 percent for his left shoulder disability.

The Board denied the veteran's claims for service connection for residuals of a shrapnel wound, right eye and entitlement to an initial rating in excess of 10 percent for a right knee disability from shrapnel wound, right upper leg.

The Board has determined that the veteran's right hip strain, right ankle strain, left ankle strain, and left knee strain do not warrant ratings in excess of the currently assigned 10 percent evaluations.

The VA determined that the veteran's service-connected right knee disability, which included an ACL tear and subsequent surgery, did not warrant a compensable evaluation as it did not meet the criteria for any of the applicable diagnostic codes.

The veteran's claims for increased evaluations and service connection are being remanded due to the need for additional medical records, examinations, and consideration of certain legal provisions.

The Board has granted service connection for a left knee disorder, finding it to be proximately due to the veteran's service-connected residuals of a right ankle fracture. The Board denied service connection for a left shoulder disorder, concluding that there is no evidence of an in-service injury or disease and no current disability related to active service.

The Board has granted service connection for the cause of the veteran's death due to arthritis contributing to an abdominal aneurysm rupture. The issue of DIC benefits under 38 U.S.C.A. § 1318 is dismissed as moot.

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

The Board has determined that the veteran's claims for service connection and increased ratings are not legally merited, as there is no evidence of a left knee arthroscopy or related residuals during his military service. The right wrist disability claim will be remanded to determine if an increased rating is warranted.

The Board has determined that the veteran's low back disorder and left knee disorder are not proximately due to or the result of his service-connected right total knee replacement, and therefore denied both claims.

The Board denied the veteran's claim for an initial disability rating greater than 10 percent for arthritis of the left knee. The veteran was initially granted service connection in November 2001 and had a subsequent increase to 10 percent in May 2002.

The Board has remanded the case due to incomplete development of the record, including obtaining VA medical records and scheduling a VA examination.

The Board denied the veteran's claims for an increased evaluation and earlier effective date for left knee synovitis, finding that the evidence did not support a higher rating or an earlier effective date.

The Board has determined that new and material evidence has been received to reopen the claims of service connection for back, left knee, and right knee disorders. The veteran's conditions are related to his inservice motor vehicle accidents.

The Board found no evidence of a current right knee disability that is etiologically related to the veteran's service, and thus denied his claim for service connection.

The Board has determined that the veteran's knee disabilities do not warrant evaluations greater than 10 percent since August 11, 1998.

The Board denied an increased evaluation for the service-connected left ankle and secondary service connection for a bilateral knee disorder, finding no competent evidence of a relationship between the conditions.

The Board denied service connection for degenerative osteoarthritis of the knees and lumbosacral spine as secondary to the knees. The evidence did not support a finding that these conditions were incurred in or aggravated by service.

The veteran's service-connected arthritis and chondromalacia of the right knee are currently rated at 10 percent each, effective from June 24, 1999. The Board finds that a higher rating is not warranted based on the current evidence.