Knee decisions — 2005

The Board has denied the veteran's claims for service connection for a skin disorder, bilateral knee disorder, and fatigue. The claim for back disorder is pending as it was not addressed in this decision.

The veteran's claims for increased ratings and effective dates were denied. The Board found no evidence of more than the currently assigned evaluations for his service-connected knee disabilities.

The Board has remanded the case for additional development due to incomplete service records and further examination.

The veteran's cervical spine disability is rated at 30 percent, and the right knee DJD is not service-connected. The carpal tunnel syndrome of the right arm remains at a 10 percent rating.

The Board denied an increased rating for the veteran's right ankle disability and denied service connection for a right knee and shoulder disability. The RO had considered these claims on their merits, but the Board found that they should be reopened as preliminary determinations.

The veteran's claims for service connection for bleeding in the stomach, subdural hematoma (claimed as hematosis), and wrist, ankle, neck, elbow, and knee disorders were denied. The Board found that new and material evidence was not received to reopen claims for fatigue and headaches.

The Board found that the veteran's current right and left knee disabilities were not incurred in or aggravated by his period of active service. The VA examination revealed no connection between the veteran's current knee symptoms and his military service.

The veteran's appeal is being remanded for additional development, including obtaining a copy of the notice letter regarding overpayment and referring the matter to the RO's Committee on Waivers and Compromises.

The Board has reopened the claim for service connection for degenerative joint disease of the dorsal and lumbosacral spine due to new evidence. However, service connection is not granted as there is no direct or secondary link between these conditions and service.

The VA denied the veteran's claims for increased evaluations for his left knee and cervical spine conditions, finding that they did not meet the criteria for higher ratings under the applicable diagnostic codes.

The Board denied the veteran's claim for an earlier effective date for increased compensation for his right knee disorder, finding that it was not factually ascertainable that there was an increase in disability within one year of the January 15, 2003 claim.

The Board has remanded the case for additional development due to incomplete medical records and the need for an orthopedic examination.

The veteran's claims for higher initial evaluations for various service-connected conditions were granted, with the exception of his claim for a higher evaluation for tinnitus. The effective date is not specified.

The veteran's claim for an increased evaluation of his service-connected residuals of a gunshot wound to the left knee is being remanded due to the need for additional examination and testing.

The claim for a total disability rating based on individual unemployability due to service-connected disabilities is being remanded for further development, including obtaining medical records and conducting examinations.

The veteran's service-connected disabilities do not meet the criteria for financial assistance in the purchase of an automobile or other conveyance and adaptive equipment, as his conditions do not include loss or permanent loss of use of one or both feet, hands, or vision, nor does he have ankylosis of the knees or hips.

The Board denied the veteran's claim for an increased rating for his left knee disability, currently rated at 10 percent. The evidence did not support a higher rating based on limitation of flexion or extension.

The veteran's service-connected instability of the right knee, limitation of flexion, and limitation of extension have been rated at 10 percent each. The RO found that these conditions do not warrant a higher rating.

The Board denied an increased disability rating for chondromalacia of the left knee, as the evidence did not support a higher evaluation based on limitation of motion or other criteria.

The Board denied the veteran's claims for a combined rating in excess of 20 percent for his left knee disability prior to November 4, 1999 and for a combined rating in excess of 40 percent from that date. The veteran's left knee disability was rated based on arthritis with painful motion.