Knee decisions — 2005

The Board has determined that the veteran's current low back disability with paraplegia and right knee disability were not caused or permanently worsened by his service-connected residuals of a gunshot wound to the left thigh. Therefore, secondary service connection is denied.

The veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his service-connected lumbar spine disability and any bilateral knee condition secondary to that disability. The RO will also review the claims file to ensure all relevant evidence has been considered.

The Board denied the veteran's claims for service connection for pes planus, right knee disability, and a higher initial rating for low back strain. The veteran's low back strain was rated at 20 percent disabling from August 15, 2003.

The veteran is entitled to an effective date of August 3, 1999 for the assignment of a 60 percent rating for his service-connected low back disorder and TDIU.

The Board has denied the veteran's claims for increased evaluations for his service-connected knee disabilities, finding that there is no evidence of limitation of motion or instability warranting a higher evaluation.

The Board has granted service connection for degenerative joint disease of the left knee and degenerative changes in the lumbar spine as secondary to a service-connected injury. The veteran's current conditions are related to his service-connected status post-left fibular fracture with traumatic arthritis of the tibiotalar joint.

The Board has granted service connection for residuals of a gunshot wound to the right forearm and elbow, but denied service connection for bilateral hearing loss and right knee disability.

The Board has denied the veteran's claims for increased ratings and service connection for right knee strain and right ankle strain/ruptured Achilles, finding that these conditions are not related to his active service or any service-connected disability.

The veteran died from cerebral hemorrhage, which was not related to his service-connected conditions. The Board found that the cause of death did not stem from any service-connected disability.

The veteran's pre-existing bilateral foot disorder was aggravated by service, and his current chronic disabilities involving both knees, hips, and ankles are considered to be a result of this aggravation.

The Board denied the veteran's claims for compensation benefits under the provisions of 38 U.S.C.A. § 1151, an increased rating for service-connected acne vulgaris, and service connection for low back disorder, left hip disorder, and right knee disorder secondary to his service-connected left knee disability.

The Board has found the evidence sufficient to reopen the veteran's claim for service connection for prostatitis. The claims for arthritis of the lumbosacral spine, shoulders and knees, as well as hepatitis C remain on remand due to incomplete or insufficient evidence.

The veteran's service-connected dermatophytosis has no current manifestations, and the Board finds that a rating in excess of 30 percent is not warranted.

The Board found that the veteran's current left knee disorder is related to his in-service injury and granted service connection.

The Board has denied the veteran's claims for service connection for lumbar spine arthritis, right knee arthritis, and left knee arthritis with residuals of a proximal tibia fracture due to lack of evidence linking these conditions to service.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a VA examination to assess the veteran's left knee disability.

The Board has denied the veteran's claims for increased ratings for his service-connected left knee disability, low back disability, and bilateral hearing loss. The combined rating for cervical spine arthritis remains at 30 percent.

The veteran is seeking TDIU based on his service-connected disabilities, including upper thoracic and neck disorders, left knee joint disorder, and left knee degenerative change with pain. The Board has ordered a remand for further development to determine the current severity of these conditions and whether they prevent the veteran from being gainfully employed.

The Board has determined that the veteran does not currently have an anal fissure and denied service connection for this condition. The issues of entitlement to higher initial evaluations for right shoulder, left knee, coccyx, and tinea pedis disabilities are addressed in a separate remand.

The Board denied the veteran's claims to reopen his service connection for a respiratory disorder and bilateral knee disorder, finding that new and material evidence was not submitted.