Knee decisions — 2005

The Board has remanded the case for additional development, including obtaining medical records and conducting examinations to assess the severity of the veteran's service-connected disabilities.

The Board found that the veteran's claimed conditions were not incurred or aggravated by his active duty service and denied all claims.

The veteran's appeal is being remanded due to the need for additional VA outpatient treatment records since April 2003. The RO will readjudicate his increased rating claims for right and left knee arthritis.

The Board has remanded the case due to the need for further evidentiary development, including an examination to determine if the veteran's left knee disorder is related to his military service.

The Board has remanded the case due to failure to comply with VCAA notice and duty-to-assist provisions. The veteran's claims for service connection, compensation benefits under 38 U.S.C.A. § 1151, and non-service connected pension benefits are now before the RO for further development.

The Board has remanded the case due to insufficient VCAA compliance and further development is required.

The Board found that the veteran's PTSD does not meet or approximate the criteria for a rating in excess of 30 percent.

The Board denied service connection for a low back disorder and determined that new and material evidence had not been received to reopen the claim of service connection for a right knee disorder.

The veteran's appeal is being remanded due to his failure to appear for scheduled hearings. He was initially notified of a hearing on September 9, 2004, but the notification was sent to the wrong apartment number. A new hearing date was set in December 2004, but again with the incorrect address.

The Board denied an initial rating in excess of 50 percent for PTSD and a total rating based on individual unemployability due to service-connected disability. The veteran's symptoms included hypervigilance, nightmares, depression, flashbacks, and avoidance, resulting in mild to moderate impairment of social and occupational functioning.

The Board has granted an increased rating to 20 percent for the veteran's right knee disability, effective December 13, 1995.

The veteran's L5 spondylosis was initially rated at 40 percent prior to October 3, 2000. From that date until July 14, 2003, the disability was rated at 10 percent.,Since July 15, 2003, the veteran's L5 spondylosis has been rated at 20 percent.,The right knee patella femoral syndrome has not been assigned a compensable evaluation.

The veteran's claims for service connection were denied. The Board found that the evidence did not indicate Guillain-Barré syndrome due to a swine flu vaccination, and his acquired psychiatric disorder, syphilis, right foot disability, and bilateral knee disabilities were not incurred or aggravated during service.

The Board found that there is no current diagnosis of a bilateral knee disorder, and thus denied the veteran's claim for service connection.

The veteran's right knee fracture residuals are currently rated as 10 percent disabling. The Board has granted a separate 10 percent evaluation for arthritis of the right knee, resulting in an overall rating of 20 percent for this condition.

The Board has determined that the veteran is entitled to an effective date of March 1, 2002 for the award of service connection for fibromyalgia. The claims for chronic back and right knee disorders as well as PTSD have also been granted.

The veteran's appeal is being remanded to obtain additional medical records and for further examination of his PTSD and left knee conditions.

The veteran's claims for service connection are being remanded to the RO for further development and consideration.

The veteran's right and left knee disabilities have been rated at 10 percent each, but the Board finds that neither condition warrants a higher rating based on current evidence.

The Board denied the veteran's petition to reopen his claim for service connection for a leg disability, as well as his claims for degenerative joint disease of bilateral knees and lumbosacral spine. The decision is final.