Knee decisions — 2006

The veteran's claim for vocational rehabilitation benefits is being remanded due to the need to adjudicate his newly raised issues, including an increased rating for right knee disability and service connection claims. The appeal will be returned to the Board after these issues are addressed.

The Board has remanded the case due to incomplete records and needs further review of the appellant's service-connected conditions and orthotics.

The Board has remanded the case due to inadequate VCAA notice, and the claim will be reconsidered with proper notification.

The Board found that the veteran's current arthritis of the knees and right hand is not etiologically related to his military service. The claims for service connection were denied.

The Board has remanded the case due to the veteran's withdrawal of his hearing request, and it is now required to be returned to the RO for a scheduled hearing.

The veteran's right knee disability is currently rated at 20 percent, and the Board has determined that a higher rating is not warranted.

The veteran's left knee disability, post-total knee replacement, is rated at 60 percent disabling.,The veteran's service-connected disabilities do not preclude him from obtaining and retaining substantially gainful employment.

The Board denied the veteran's claims for increased ratings for his low back disability, right knee patellofemoral syndrome, and left knee patellofemoral syndrome. The criteria for a higher rating were not met in any of these cases.

The Board has remanded the veteran's claims for increased ratings for his service-connected knee disabilities due to incomplete development and lack of proper notice.

The Board found that the veteran's right knee arthritis did not meet or approximate the criteria for a higher evaluation, and denied his claim.

The Board found that the preponderance of the competent medical evidence is against a finding that the veteran's current disabilities of the right leg, right knee, both feet and heels are causally related to active service.

The Board denied the veteran's claim for an increased evaluation for moderate laxity with incoordination and fatigue, right knee, residuals of chondromalacia. The claim for an increased evaluation for migraine headaches is marked as 'unknown' due to its status on appeal. The claim for an increased evaluation for chondromalacia, right knee, with limitation of motion was granted at a 10% rating.

The Board has determined that the veteran's recurrent herpetic infection, chronic throat disorder (including oral thrush), and paralysis of the 7th cranial nerve (Bell's Palsy) are associable with his service-connected HIV.

The veteran's claims for an increased rating for his right knee injury with arthritis and service connection for degenerative joint disease of the lumbar spine and muscle strain of the lower back as secondary to his right knee disability were denied. The RO found that there was no evidence of limitation of motion or instability warranting a higher rating, and that the veteran's conditions are not related to his service-connected right knee disability.

The Board denied the claim for service connection for cause of death, finding that neither a service-connected disability nor alcohol abuse was the principal or contributory cause of the veteran's death.

The Board has determined that the veteran's right knee disorder is not proximately due to or aggravated by his service-connected left knee arthroplasty.

The Board granted an increased rating of 10 percent for the veteran's right knee disability, which includes instability and arthritis. The low back disability claim was denied as secondary to the service-connected knee disabilities.

The Board denied the veteran's claims of service connection for right shoulder disorder, prostatitis and benign prostatic hypertrophy, urethritis, left knee disorder, and left hip disorder. The Board found that these conditions were not incurred or aggravated by military service.

The veteran's claims for a compensable initial rating for erectile dysfunction, an effective date prior to January 12, 2001 for service connection of erectile dysfunction, and special monthly compensation based on need for aid and attendance during the period from May 1, 1996, to October 1, 1997 are all denied.

The Board has determined that additional development is needed, including obtaining service medical records from the appellant's periods of active duty in 2003 and 2004. The AMC must also arrange for an examination to clarify whether the appellant has a current right knee disorder related to his military service.