Knee decisions — 2008

The Board has determined that the veteran's left knee disability, which includes degenerative joint disease and residuals of a gunshot wound with synovitis, warrants a 10 percent rating since March 13, 2002. The current manifestations have not warranted an increased rating.

The Board has denied the veteran's claims for service connection for a lung disability and left leg or knee disability, finding no current chronic lung disability other than emphysema/COPD. The claim for left leg or knee disability is remanded due to lack of examination.

The Board has determined that a new examination is needed to assess the severity of the appellant's right knee disability and whether she experiences recurrent subluxation or lateral instability. The RO will then readjudicate the claim based on the updated evidence.

The Board denied the veteran's claims for higher initial ratings for asbestosis and bilateral hearing loss, and service connection for a left knee condition. The RO must provide additional development and readjudicate the claims.

The Board has denied the veteran's claims for service connection for PTSD, right and left knee conditions, headaches, chest pain, low back pain, dysthymia, and hearing loss as new and material evidence was not submitted to reopen these claims.

The Board has remanded the case for further development, including verification of service dates and a VA examination to determine the degree of impairment due to the right knee disability. The appellant is also seeking service connection for left knee and spine disorders.

The Board denied the veteran's claims of service connection for right and left knee conditions, cardiovascular disease secondary to diabetes mellitus, and blurry vision secondary to diabetes mellitus. The evidence did not support these claims.

The Board has remanded the case due to incomplete information and a need for further examination. The veteran's service-connected disabilities are being evaluated, along with his other conditions, to determine if they preclude him from all forms of substantially gainful employment.

The VA surgery on July 22, 2005 did not result in an additional disability to the veteran that was caused by carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on part of VA.

The veteran's claims for increased ratings of his right and left knee disabilities, as well as a claim for an initial rating for his right elbow disability are being remanded to the RO for additional development.

The Board denied the veteran's claims for increased ratings for his right ankle sprain with arthritis and left knee disability, finding that the current ratings of 20 percent and 10 percent, respectively, were appropriate based on the evidence showing marked limitation of motion in both joints.

The VA determined that the veteran's left knee disability, characterized by limited motion and degenerative arthritis, does not warrant a rating higher than 10 percent.

The Board has determined that there is no competent evidence showing a causal relationship between the veteran's inflammatory joint disease and any incident of service, including his service-connected bursitis of the right knee. The arthritis was first shown years after service.

The Board has determined that the veteran's hypertension and degenerative arthritis of the knee were not incurred during his active service. The evidence does not support a finding of a nexus between these conditions and his period of military service.

The Board has granted a TTR (100 percent rating) based on surgical or other treatment necessitating convalescence, effective January 6, 1999 through March 31, 1999. The veteran's right knee disability is rated at 20 percent since April 1, 1999.

The veteran's claim for an initial compensable rating for bilateral chondromalacia is being remanded to the RO for further development, including obtaining additional VA and private medical records, scheduling a VA orthopedic examination, and readjudicating his claim.

The Board has remanded the veteran's appeal for further evidentiary development, including physical examinations to evaluate her lumbar spine and bilateral knee disabilities.

The veteran's claim for an increased evaluation for his right knee disability was denied as the requested information and evidence were not provided within one year after the date of request.

The Board has granted a higher rating of 50 percent for the service-connected residuals of right knee medial meniscectomy, which approximates ankylosis in flexion between 20 and 40 degrees.

The Board denied the veteran's claims of service connection for right and left knee conditions, cardiovascular disease secondary to diabetes mellitus, and blurry vision secondary to diabetes mellitus. The evidence did not support these claims.