Knee decisions — 2005

The veteran's claims for service connection for joint pain of the left knee and left shoulder, as well as back pain, are denied. The Board found that these conditions were not related to active service or any known clinical diagnosis.

The Board denied the veteran's claims for increased ratings and service connection, finding no new and material evidence to reopen his claims. The veteran's left shoulder disability was rated at 20 percent under Diagnostic Code 5203, but not meeting criteria for an increased rating.

The Board has determined that the veteran's service-connected right knee anterior cruciate ligament repair warrants a 10 percent evaluation, as there is no evidence of instability or subluxation. The veteran's bilateral pterygium does not warrant any compensable evaluation.

The Board has remanded the case due to procedural defects in the VCAA notice and the citation of the current version of the regulatory definition of new and material evidence.

The Board has granted an effective date of September 21, 2002 for a 30 percent rating for the veteran's service-connected residuals of a fracture of the right femur at mid-shaft with degenerative joint disease of the right knee.

The Board has decided to remand the case for further development, including obtaining medical records and scheduling an examination.

The veteran's claim for service connection for a left knee disability was previously denied in 1991 and not appealed. The RO granted the claim effective September 18, 2002.

The Board denied the veteran's claims for increased ratings for his service-connected right knee disabilities, finding that the evidence did not meet the criteria for a higher rating under applicable diagnostic codes.

The Board found that the veteran's current right knee disorder was not incurred in service and denied his claim for service connection.

The Board denied the veteran's claims for service connection for left knee disorder, right knee disorder (secondary to left knee disorder), and low back disorder. The evidence did not establish that these conditions were incurred or aggravated by military service.

The veteran's claims for increased ratings and service connection were denied. His right knee disability is currently rated at 40% disabling, while his right hand disability is rated at 20%. Service connection for a low back disability secondary to the right knee condition was also denied.

The Board found that the veteran's additional disabilities, such as numbness in his right leg and foot, inability to bend his knee properly, and unsteadiness of gait, are not due to unforeseen events or VA negligence. Therefore, compensation under 38 U.S.C.A. § 1151 is denied.

The Board has remanded the case for additional development due to issues involving increased ratings for torn right medial meniscus and arthritis of the right knee.

The Board found no current left knee or low back disability and denied service connection for these conditions as secondary to the veteran's right knee disorder. The examiner concluded that the veteran's current low back condition is not related to his military service.

The Board has granted an increased evaluation of 10 percent for the service-connected residuals of a gunshot wound to the right leg with involvement of Muscle Group XI.

The veteran's claims for an initial evaluation in excess of 10 percent for a left knee disability and an initial compensable evaluation for hypertension have been denied. The Board found that the evidence did not meet the criteria for higher evaluations under the applicable rating criteria.

The Board finds that the veteran's current right knee disorder is due to or the result of his service-connected left knee disability, and grants service connection for this condition.

The Board has remanded the veteran's claims for service connection and increased evaluations due to new evidence submitted since his last rating decision. The claims are being reopened, but further examination is needed.

The veteran's claim for service connection for a right knee disorder, which is secondary to his service-connected left knee disability, has been remanded due to the need for additional medical examination and records.

The Board has denied the veteran's claims for increased evaluations of his right and left knee disabilities, finding that the evidence does not support a higher rating based on current functional impairment.