Knee decisions — 2005

The Board found that the veteran's bilateral below the knee amputations were not caused by VA negligence or fault, and thus denied his claim under 38 U.S.C.A. § 1151.

The Board denied reopening the veteran's claim for service connection for a right knee disorder, finding that no new and material evidence had been submitted.

The Board has remanded the case for additional development and adjudication due to insufficient analysis in the previous decision, including a lack of evaluation of non-service connected disorders under the rating schedule.

The Board found that the veteran's tinnitus was not incurred in or aggravated by active service and is not related to his service-connected residuals of a healed mandible fracture. The other issues were also denied.

The Board has granted service connection for left knee gouty arthritis and low back pain, finding that the veteran's current conditions are related to his service-connected gout. The rating assigned is 20% for gout affecting the left first metatarsal phalangeal joint.

The Board has remanded the case to the RO for additional development due to new evidence submitted by the appellant.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of the veteran's right and left knee disabilities.

The Board denied the veteran's claims for increased evaluations for his right knee disability and hemorrhoids, finding that the evidence did not support a higher evaluation.

The Board denied the veteran's request for an initial rating in excess of 20 percent for residuals of a post-traumatic left knee sprain, finding that his disability did not meet or approximate the criteria for a higher rating based on limitation of motion or instability.

The Board found that new and material evidence had been submitted to reopen the claim of service connection for the cause of the veteran's death, but did not find sufficient evidence to grant service connection. The appellant's right knee condition was deemed a significant factor in her husband's disability and eventual death, but it was not determined to be service-connected.

The veteran's service-connected bilateral knee disorders are currently rated at 10 percent each, but the Board found no evidence to support a higher rating based on limitation of motion or functional loss due to pain. The current ratings under Diagnostic Code 5014 for osteomalacia are appropriate.

The Board denied the veteran's claims for service connection for a right shoulder disorder and a right knee disorder, finding no evidence of chronic disabilities during active duty or post-service continuity of symptoms. The low back disability claim was not addressed as it is part of a separate remand.

The Board has remanded the case for additional development, including obtaining the veteran's National Guard service medical records and arranging for an orthopedic examination to determine if his current right knee and left wrist conditions are related to in-service injuries.

The veteran's appeal is being remanded to obtain additional medical records and for a VA examination. The issues of service connection for various disabilities are under review.

The Board denied the veteran's claims for an increased rating and a temporary total rating based on convalescence following surgery, finding that his right knee disorder was not manifest with severe post-operative residuals prior to September 10, 2002.

The Board has determined that the veteran's current knee condition, including osteoarthritis, is not related to his service injury in 1952 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 that new and material evidence had not been presented to reopen the right knee claim and concluding that the current right knee disorder was not incurred in or aggravated by active service.

The Board is remanding the case to the agency of original jurisdiction due to procedural defects in the VCAA notification provided by the RO. The veteran and his representative need to be informed about the evidentiary requirements necessary to satisfy claims to reopen.

The Board found that the veteran's service-connected bilateral claw foot did not cause or aggravate his disorders of the legs and knees, thus denying secondary service connection for those conditions. The initial compensable evaluation for bilateral claw foot was granted.

The Board has vacated the RO's decision and dismissed the veteran's appeal due to his death.