Knee decisions — 2005

The Board has granted an initial and ongoing increased evaluation of 30 percent for the veteran's right knee disability, effective from April 12, 1996 to December 15, 1998, and on and after April 1, 1999.

The Board denied the veteran's claims for direct and secondary service connection for his right knee disability, finding that there was no evidence to support a nexus between his current symptoms and his military service.

The Board has granted separate 10 percent ratings for arthritis of the right knee, left knee, and cervical spine during the entire period covered by this appeal.

The veteran claims compensation under 38 U.S.C.A. � 1151 for left knee hemarthrosis due to VA doctor error in June 1999, but the RO found no permanent injury and denied the claim. The Board finds additional development is necessary including a medical opinion on negligence.

The Board finds that the veteran's right knee disorder was incurred in service, resolving all reasonable doubt in his favor.

The Board has remanded the case for further development, including a VA examination to determine if there is any left knee disability and its relationship to service-connected right knee disorder.

The Board has granted service connection for the cause of the veteran's death due to his service-connected right knee disability contributing to his arteriosclerotic heart disease and congestive heart failure. The appellant is also eligible for Dependents' Educational Assistance benefits under Chapter 35.

The Board has determined that the veteran does not have residuals of a right shoulder dislocation attributable to his period of military service and thus denied this claim. The left knee disability is currently rated at 10 percent.

The Board denied service connection for the removal of the right testicle, degenerative disc disease of the lumbar and cervical spine, and residuals of a right foot injury. The appellant's appeal was withdrawn regarding his left knee disability.

The Board has reopened the claim of entitlement to service connection for residuals of a right knee injury due to new and material evidence submitted since the August 1984 rating decision. However, the claim was denied as there is no evidence linking the current condition to an in-service injury or any incident.

The Board has ordered a remand to obtain additional medical records and conduct further examinations to determine if the veteran's current right knee and low back disorders are related to his service-connected left knee disorder.

The veteran is requesting a hearing before a Veterans Law Judge and the case has been remanded for this purpose. The appeal will be returned to the Board after the scheduled hearing.

The veteran's claims for higher ratings for his left knee and low back disabilities were denied. The right knee disability was granted a 20 percent rating, but the claim remains pending.

The veteran's left knee disorder is found to be secondary to his service-connected right knee disability. The RO granted the claim for secondary service connection for a left knee disorder.

The veteran's claim for an increased rating for his left knee condition is being remanded due to the need for a new VA examination and consideration of additional evidence.

The Board has denied the veteran's claims for service connection for right knee and low back disabilities, finding that there is no evidence of a direct relationship to service or service-connected conditions.

The Board has determined that new and material evidence has been submitted to reopen the previously denied claim of service connection for a psychiatric disorder. The claims for increased ratings for bilateral hearing loss and left knee disability are addressed in the remand following this order.

The VA denied the veteran's claim for an initial evaluation in excess of 10 percent for traumatic arthritis of the right knee with scars, as his disability is currently rated at 10 percent.

The Board has remanded the case for further development and consideration of issues related to service connection for a left knee condition and PTSD, including a TDIU.

The Board has reopened the veteran's claim for service connection for a left ankle disability due to new and material evidence. The claim for service connection for a left knee disability is also granted.