Knee decisions — 2005

The veteran's joint pain, including in the ankles, knees, hips, shoulders, and wrists, is found to be due to an undiagnosed illness related to her service in the Persian Gulf. Service connection for these conditions is granted.

The Board has granted service connection for schizoaffective disorder, bipolar type and increased the disability evaluation for a scar on the right knee to 10 percent. The claim for an increased disability evaluation for bilateral pes planus remains pending.

The VA determined that the veteran does not have current diagnoses of arthritis or bursitis in his right knee and wrist, and thus denied service connection for these conditions.

The Board denied the veteran's claims for service connection of a right knee disability as secondary to his service-connected left knee chondromalacia and an initial increased rating for his service-connected left knee chondromalacia. The Board found that arthritis in the veteran's right knee was not proximately due to or the result of his service-connected left knee condition.

The Board denied service connection for osteoarthritis of the left ankle, bilateral shoulders, knees, hands, wrists, elbows, feet, hips, and lumbar spine. The veteran's arthritis was not found to have originated during or within one year after his military service.

The Board denied the veteran's claims for increased rating and service connection for right hip and knee disabilities, finding that these conditions were not related to his service-connected left femur fracture.

The Board has determined that the veteran's right knee disorder is related to his service and grants service connection for this condition.

The veteran's reactive airway disease is rated at 30 percent, and he has been granted service connection for a small patent foramen ovale. Other claims of service connection are denied.

The veteran's appeal for an increased rating for his right knee disability was denied. The RO found that the evidence did not support a higher rating based on instability or recurrent subluxation, but did find that he had limitation of motion warranting a separate 20 percent rating.

The veteran withdrew his appeal of the issue of entitlement to service connection for hypertension during a hearing before the Board. The remaining issues are remanded for further development.

The Board has remanded the veteran's claim for service connection for a left knee disability, claimed as secondary to his service-connected scar, residual of chip fracture, distal anterior tibia, left leg. The RO is instructed to take additional action including notifying the veteran and his attorney about records from Dr. Swift that were reportedly destroyed by Mayo Regional Hospital.

The Board found that the appellant does not have a current right knee disability and denied service connection for both right knee and low back disabilities. The low back disability was not incurred or aggravated by active military service, nor is it proximately due to any service-connected disability.

The Board has determined that the veteran's right knee disorder is service-connected, while his left knee disorder remains unresolved.

The Board has granted service connection for the veteran's left knee and left shoulder disabilities, finding that these conditions are due to injury in service.

The Board dismissed the appeal due to the veteran's death, and thus has no jurisdiction to adjudicate the merits of the claim.

The Board dismissed the appeal due to the veteran's death, and thus has no jurisdiction to adjudicate the merits of the claim.

The veteran's appeal is being remanded for additional development, including a new examination to assess the current state of his left knee disorder and whether it is related to his service-connected right knee disorder.

The Board denied the veteran's claims for increased ratings for his low back strain, incomplete paralysis of the sciatic nerve in both lower extremities, and patellofemoral pain syndrome of the right knee. The evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board has determined that the current rating decision denying a TDIU is not final and requires further development to ensure compliance with VA's duty to assist. The veteran's service-connected disabilities, including chronic lumbosacral strain, residuals of injury of the left knee with traumatic arthritis, bronchial asthma, and tinnitus, are being evaluated for their impact on his employability.

The veteran's claim for a rating in excess of 10 percent for his right knee disability is being remanded due to the worsening of his condition and the need for further examination.