Knee decisions — 2004

The Board has ordered further development on the matters of increased ratings for instability of the right knee and DJD of the right knee, as well as a compensable rating for bilateral hearing loss. The appeal is being remanded to the RO for additional consideration.

The veteran's claims for increased ratings are being held in abeyance pending further action by the RO.

The Board finds that the veteran's chronic acquired variously diagnosed bilateral knee disorder is directly related to his active service, and thus grants entitlement to service connection.

The veteran is seeking an increased rating for his service-connected left knee disability, which is currently rated at 20 percent. The Board has remanded the case to obtain additional evidence and schedule a VA examination.

The Board has determined that the veteran's service-connected partial patellectomy right knee with degenerative changes does not warrant an evaluation in excess of 20 percent, and his service-connected varicosities, medial aspect, right knee do not warrant a higher rating.

The Board has determined that the veteran does not meet the criteria for service connection for a right knee disability, bilateral foot disability, acquired psychiatric disability (to include depression), or sleep disorder.

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

The Board has determined that the veteran's current right knee disability, including arthritis and bursitis, is related to an injury sustained during service. As such, the claim for service connection for a right knee disability is granted.

The Board denied the veteran's claims for service connection of right ankle fracture and right and left knee disorders as secondary to a right ankle fracture, finding that there was no clear and convincing evidence linking these conditions to his service.

The Board denied the veteran's claims for increased ratings for various service-connected disabilities, including low back pain with degenerative arthritis, arthritis of the right knee, medial collateral ligament strain of the left knee, residuals of resection of the left clavicle, residuals of a left lung resection with history of sarcoidosis, duodenal ulcer, and hemorrhoids.

The Board has determined that the veteran's left knee disability, manifested by subjective complaints of stiffness and aching, does not warrant a compensable rating under any applicable diagnostic codes. A separate 10 percent evaluation is assigned for arthritis of the left knee.

The veteran's right knee condition has worsened, and he seeks an increased evaluation. The VA examination is inadequate as it did not assess the degree of limitation of motion or stability of the knee. The RO must obtain medical records from custodians identified by the appellant and provide him with a VCAA compliant notice letter.

The Board has determined that the veteran submitted a timely substantive appeal as to his claims for service connection for a right knee disorder and pruritus ani, which were denied in January 1969. As such, the January 1969 rating decision is not final.

The Board denied the veteran's claims for increased evaluations of his service-connected left knee, low back, and left shoulder disabilities. The conditions are manifested by pain and limited motion without additional functional loss.

The Board denied the veteran's claims for service connection and increased evaluations, with some issues being remanded.

The Board has granted service connection for hypertension as secondary to the veteran's service-connected diabetes mellitus. The remaining issues of increased ratings for left and right knee disabilities are remanded.

The veteran's claim for a compensable initial disability evaluation for his right knee injury, which occurred during service and was treated with a meniscectomy, is being remanded due to the need for further medical examination.

The Board denied the veteran's claims for service connection for bilateral knee and hip disorders, finding no link between these conditions and his military service.

The Board has determined that the veteran's claims for increased ratings and earlier effective dates are denied due to his failure to report for scheduled VA examinations without showing good cause.

The Board has denied the veteran's claims for increased ratings for his right knee disability and Baker's cyst on the basis that he failed to report for necessary VA examinations without good cause.