Knee decisions — 2008

The Board has remanded the case due to insufficient notice regarding whether new and material evidence has been submitted for reopening claims of service connection for bone ulcer of the right shin, chronic kidney disease, diabetes mellitus, and left knee injury.

The Board denied service connection for a right knee or leg disability, degenerative joint disease of the right ankle, and degenerative joint disease of the low back. The veteran's assertions were not considered competent evidence to establish a nexus between his current conditions and active service.

The veteran's appeal is being remanded to the RO for additional development, including obtaining Social Security Administration records and conducting VA examinations. The case will be reviewed again after these actions are completed.

The veteran's claims for service connection for a low back disorder, and increased evaluations for his right and left knee disabilities are being remanded due to the need for additional development of medical records.

The Board denied the veteran's claims for higher initial ratings for her right knee arthritis and degenerative disc disease of the lumbar spine, finding that she did not meet the criteria for a rating in excess of 10 percent under applicable diagnostic codes.

The veteran's claims for higher initial evaluations for various knee, femur, ankle and foot disabilities were granted. The RO assigned the appropriate disability ratings based on the severity of his symptoms as determined by VA examinations.

The veteran's claims for service connection have been granted, but the appeal to determine whether there was clear and unmistakable error in a previous rating decision is dismissed.

The Board found that the veteran's lumbar back disability did not meet or approximate the criteria for a rating greater than 10 percent from December 29, 2000 to September 26, 2003 and denied her claim. The Board also found no evidence of a compensable rating for her hemorrhoids.

The Board has remanded the case for further development due to incomplete records and potential errors in the initial decision.

The veteran's service-connected right knee disorder was rated at 20 percent from September 12, 2003 to March 14, 2005 and increased to 30 percent effective May 1, 2006. The rating of 30 percent is granted.

The Board has determined that the veteran's diabetes mellitus, type II, was not incurred in or aggravated by active service. The right knee disabilities were also found to be unrelated to service.

The Board denied the veteran's claims for service connection for gouty arthritis of the feet, left knee, and left elbow, as well as a right elbow disability, to include as secondary to arthritis. The evidence did not establish that these conditions were related to his active service.

The case is being remanded for additional development and consideration of the veteran's claims, including providing VCAA notification letters as required by recent court decisions.

The veteran's left knee and lower back disorders worsened as a result of VA medical treatment from December 2002 through 2006, but the Board found no evidence of negligence or other fault on the part of VA. Therefore, compensation under 38 U.S.C.A. § 1151 is denied.

The Board has determined that the veteran sustained a shrapnel injury to his left knee during service and is therefore entitled to service connection for residuals of this injury. The claim for service connection for a fungus condition of the hands was denied in February 1996, but new evidence submitted by the veteran does not raise a reasonable possibility of substantiating the claim.

The Board has granted service connection for the cause of the veteran's death due to his service-connected peripheral vascular disease, which was found to have contributed substantially or materially to his death.

The Board has reopened the veteran's claim of service connection for a right knee disability, status post surgery. The evidence now shows that the preexisting right knee condition was aggravated during active service.

The Board denied the veteran's claims for increased ratings for his right knee disability and back disability. The right knee disability was not found to warrant a rating in excess of 10 percent, as it did not meet criteria for higher ratings based on limitation of motion or instability. The back disability claim is pending due to its separate nature.

The veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not meet the criteria for a compensable evaluation for rheumatoid arthritis, an initial disability rating in excess of 10 percent for right knee gonarthrosis based on limited/painful flexion and extension, or an initial evaluation in excess of 10 percent for bilateral hand osteoarthritis.,The veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not meet the criteria for a compensable evaluation for left knee gonarthrosis based on limited/painful flexion and extension, or an initial evaluation in excess of 10 percent for right scaphoid, trapezium, and trapezoid arthritis.,The veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not meet the criteria for a compensable evaluation for left scaphoid, trapezium, and trapezoid arthritis or an initial evaluation in excess of 10 percent for bilateral shoulder acromioclavicular arthritis.,The veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not meet the criteria for a compensable evaluation for right foot hallux valgus, or an initial evaluation in excess of 10 percent for left foot hallux valgus.

The veteran is seeking service connection for left knee, right knee, and back disabilities. The Board has determined that a VA examination is needed to determine the nature and etiology of these conditions.