Knee decisions — 2007

The Board denied a higher initial rating for postoperative residuals of a torn medial meniscus of the left knee with arthritis, maintaining the current 10 percent rating. The claim for service connection for a right foot disorder was also denied.

The Board has ordered a remand due to loss of the veteran's claims file. The case is being returned for further development and consideration.

The Board has denied the veteran's claims for service connection for bilateral knee, foot, and toe/toenail conditions as secondary to diabetes mellitus.

The Board has determined that the veteran is entitled to a total rating for compensation purposes based on individual unemployability due to service-connected disabilities, effective May 27, 1997.

The Board has granted service connection for right knee arthritis and foot fungus, finding that both conditions are related to the veteran's military service.

The Board has remanded the case for further development, including obtaining medical records and seeking a new VA medical opinion regarding whether the veteran's service-connected disabilities contributed to his death.

The Board has denied the veteran's claims for a compensable rating for burn scars, service connection for lumbosacral disability, and service connection for left knee disability.

The Board has not yet determined if service connection is warranted for arthritis of the right knee and hip, but will consider this based on new evidence provided by VA.

The Board granted an effective date of November 27, 2000 for the award of a 30 percent rating for severe instability of the left knee.

The RO reduced the veteran's rating for post-total knee replacement (TKR) right knee arthritis from 60 percent to 30 percent, effective December 1, 2003. The reduction was based on outpatient records and VA examination showing no more than moderate residual knee impairment.

The Board finds that the veteran's service-connected disabilities prevent him from being able to dress himself or avoid daily hazards without assistance, meeting the criteria for SMC based on need for regular aid and attendance.

The Board denied an increased rating higher than 20 percent for the left knee disability under Diagnostic Code 5257, but granted a separate 10 percent rating based on limited motion with pain under Diagnostic Code 5003.

The Board has remanded the case due to issues related to reopening service connection claims and determining whether a cervical spine disorder is service-connected. Additional evidence, including Social Security Administration records, must be obtained, and the veteran should be provided with proper notice under 38 U.S.C.A. § 5103(a) and 38 C.F.R. § 3.159(b).

The Board has granted service connection for arthritis of the shoulders and knees, as well as degenerative joint disease of the hips. The veteran's complaints during active service were noted, and subsequent medical records support these diagnoses.

The veteran's service-connected right knee disabilities are rated at 10%, 20%, and 30% respectively, with the highest rating of 30% effective from August 1, 2005. The RO has granted all requested increased ratings.

The veteran's claims for residuals of a laceration of the right index finger, shin splints, and seasonal allergic rhinitis were denied. The claim for postoperative scar of the left knee was also denied.

The Board has determined that additional development is needed to properly adjudicate the veteran's claims, including obtaining updated treatment records and providing VCAA notice.

The veteran's appeal is being remanded due to the need for a videoconference hearing. The specific issues of service connection are still pending.

The Board found no evidence of a lumbosacral strain or left knee disorder during active duty service, and thus denied the veteran's claims for service connection. The appellant did not provide worker's compensation records to support his claim.

The veteran's claims for service connection for a left knee disability, an increased rating for sinusitis, and an increased rating for acetabular degenerative joint disease with arthralgia of the left hip with radiation to the left groin are all denied. The Board found that there is no evidence showing a direct or secondary relationship between these conditions and active service.