Knee decisions — 2007

The Board dismissed the appeal due to the veteran's death, and no further action can be taken on these claims.

The Board has determined that additional development is necessary to properly adjudicate the veteran's claims for service connection for lumbar spine, right knee, and left knee disorders. This includes obtaining medical records from various providers and scheduling a VA examination.

The Board has determined that the veteran did not submit timely substantive appeals for all issues, including skin disability, bilateral knee disability, sinus disability, memory loss, and PTSD.

The veteran's claims for traumatic arthritis of the right knee, asbestosis, and prostate cancer due to asbestos exposure have been denied. The VA has not established a current disability for any of these conditions.

The veteran's service-connected low back disorder is not rated higher than 20 percent due to lack of severe lumbosacral strain or incapacitating episodes requiring bedrest and treatment prescribed by a physician.,The veteran's service-connected right knee disorder does not warrant an increased rating as it does not meet the criteria for flexion limited to 30 degrees and extension limited to 15 degrees.

The veteran's service-connected right knee injury with degenerative joint disease and postoperative residuals, herniated nucleus pulposus, lumbosacral spine were granted increased evaluations to 40 percent. The compensable evaluation for kidney stones was denied.

The Board found that the veteran's right knee disability, including her posttraumatic arthritis, does not warrant a rating in excess of 10 percent.

The Board granted increased ratings for the veteran's cervical spine, lumbar spine, and bilateral knee disabilities under the criteria for arthritis with limitation of motion. The effective date is not specified as it was awarded in April 2006.

The Board has ordered the case to be remanded for additional development, including obtaining medical records and scheduling a VA examination.

The Board has denied the veteran's claims for service connection for chronic left and right knee disorders, finding no evidence of current disabilities. The claim for an initial compensable disability evaluation for bilateral hearing loss is being remanded due to a lack of recent audiological examination.

The Board denied the veteran's claim for service connection for a right knee disability, finding that new and material evidence had not been submitted to reopen the claim. The VA medical records did not etiologically link the current right knee disability to military service.

The veteran's claims for increased ratings for his service-connected right femur disability and right knee scar are being remanded to the RO for additional development.

The Board denied the veteran's claims for increased ratings for his service-connected left knee disabilities, finding that the evidence did not support a higher rating based on current symptoms and diagnostic criteria.

The Board denied the veteran's claims for service connection for an eye disorder and for a higher initial evaluation for his right knee condition, finding no evidence of current disabilities or that any are related to service.

The Board has determined that additional development is needed to ensure compliance with the Veterans Claims Assistance Act of 2000 (VCAA) and other applicable laws, regulations, and case law.

The Board has determined that the appellant's lumbar spine, right knee, and left knee disorders are not service-connected as they are not caused or aggravated by her service-connected left foot disabilities.

The Board denied the veteran's claim for an increased evaluation for arthritic changes, cyst formations, left knee limited extension and also denied the propriety of reducing a 30 percent rating to 10 percent. The issue of service connection for right knee strain was found not to be linked to service or a service-connected disorder.

The veteran's claim for an increased evaluation of his right knee condition is being remanded due to the need for additional examinations and consideration of functional loss.

The Board found that the RO properly calculated the combined schedular rating for all service-connected disabilities following an April 2003 rating decision, and denied a higher combined rating.