Knee decisions — 2005

The Board has remanded the case for additional development due to issues related to evaluations of service-connected knee and ulna disabilities.

The Board of Veterans' Appeals has determined that the veteran's current bilateral knee disorder is not related to his active service and thus denied his claim for service connection.

The Board denied the veteran's claims for service connection for a right knee disorder and a low back disorder, finding no persuasive medical evidence to support these conditions as incurred or aggravated during his military service.

The Board denied the veteran's claims for increased disability rating for his service-connected left shoulder disability, service connection for a low back disability, and service connection for osteoarthritis of the left knee. The RO found that there was no exceptional or unusual nature to the veteran's left shoulder disability warranting extraschedular consideration, and did not find any evidence of a current low back disability or osteoarthritis of the left knee.

The veteran's service-connected left knee disorder is rated at 20 percent, effective from August 30, 2002. The veteran was granted a compensable rating for his left malar fracture residuals and left forearm hematoma residuals as of August 30, 2002. His right knee scar remains noncompensably disabling.

The veteran's claim for a compensable evaluation for bilateral hearing loss was denied.,Evidence submitted since the November 1996 rating decision did not provide new and material evidence to reopen his claim for service connection for a bilateral knee disability.

The Board denied an increased evaluation for the veteran's service-connected left knee disability, finding that a higher rating was not warranted based on instability or arthritis. The veteran is currently rated at 20 percent for his left knee condition.

The Board granted a 10 percent evaluation for limitation of extension and a separate 10 percent evaluation for limitation of flexion in the right knee, but denied increased evaluations for other issues.

The veteran's service-connected right knee and elbow injuries are rated at 20 percent for instability and limitation of motion, respectively. The veteran is also entitled to a separate 10 percent rating for arthritis in the right elbow.

The Board found no evidence of a service-connected bilateral knee disability and concluded that the veteran's current knee problems are more likely due to his back condition, thus denying the claim.

The Board found that the veteran's right knee disorder did not originate in service and is not related to any incident of service. As a result, the claim for service connection was denied.

The Board has granted increased ratings for the appellant's service-connected varicose veins of the right and left legs, effective November 16, 1998.

Service connection is granted for post-traumatic arthritis of C3 and C4, but denied for degenerative disc disease of the lumbosacral spine. Service connection is also granted for arthritis of both knees, but hearing loss of the right ear remains denied.,The veteran's traumatic arthritis of the cervical spine is linked to an injury sustained while on active duty.

The veteran's appeal is being remanded to obtain a VA examination regarding his employability status due to his service-connected disabilities.

The Board has determined that the veteran's degenerative joint disease of the knees is a result of injury incurred in service, and thus grants service connection for this condition.

The VA determined that the veteran's service-connected left knee disability, which is primarily manifested by pain without additional functional loss limiting flexion to less than 30 degrees or extending more than 15 degrees, does not warrant a higher rating.

The Board has determined that the veteran's service-connected left knee disability warrants a 30 percent disability rating prior to November 10, 2003.

The veteran's hypertension claim is pending. The RO granted a 100% rating for his right knee condition from June 2, 2003 to August 1, 2003 and a 10% rating thereafter. He was also granted a separate 10% rating for instability of the right knee.

The Board has remanded the veteran's claims due to incomplete development and need for further examination.

The Board has determined that the veteran's hypertension, left knee disability, right knee disability, and rash were not incurred or aggravated during active service. The evidence does not support a finding of service connection for these conditions.