Knee decisions — 2008

The Board has determined that the veteran's right knee disability, including arthritis and right leg pain and weakness, is causally related to his active duty service.

The Board denied the veteran's request to reopen his claim for benefits under 38 U.S.C.A. § 1151, finding that new and material evidence had not been submitted.

The veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation until October 9, 2002, when his combined rating became 80 percent disabling. The Board denied the request for an effective date prior to this date.

The Board has remanded the case for further development, including obtaining medical records and verifying the veteran's service in the Army National Guard. The claims for higher rating of left knee disability, service connection for low back disability, and HIV will be reconsidered based on the additional evidence.

The veteran's right knee disability, including meniscectomy with degenerative changes and arthritis, was evaluated at 20 percent prior to December 14, 2004. Beginning February 1, 2006, the evaluation for residuals of total knee replacement increased to 30 percent.

The veteran seeks a current evaluation in excess of 30 percent for his service-connected right knee osteoarthritis, which has been rated at 30 percent since June 2, 2005. The RO must reassess the severity of his disability and determine if a higher rating is warranted.

The Board has determined that there is no evidence of a current right knee disorder or scars, and the veteran's claims for service connection are denied.

The veteran seeks service connection for a bilateral leg and/or knee condition, originally claimed as torn leg tendons. The case is being remanded to obtain additional medical records and to schedule the veteran for a VA examination.

The veteran's appeal has been withdrawn, and the case is dismissed.

The Board has determined that the veteran's service-connected right and left knee disabilities do not warrant an increased evaluation.

The Board denied the veteran's claims for an initial compensable evaluation for post left wrist ganglion cyst removal with residual scar and service connection for a right knee condition.

The Board denied the veteran's claims for higher initial evaluations for migraine headaches, patella tendinitis of each knee, and gastritis with hiatal hernia. The appeals were remanded due to incomplete medical records.

The veteran's claims for service connection for right knee/leg and right ankle disabilities are being remanded due to the need for further development, including a VA examination.

The Board found that the veteran's service-connected disabilities did not cause or contribute to his death from carbon monoxide poisoning.

The veteran's claims for increased ratings for left knee disability and seborrheic dermatitis are being remanded to the RO for additional development, including a VA examination and consideration of new criteria for rating skin disorders effective August 30, 2002.

The Board found that the veteran's degenerative arthritis of the right knee is not etiologically related to his service-connected gunshot wound residuals and denied a separate compensable disability rating for this condition.

The veteran's appeal is for increased evaluations for his service-connected left hip arthroplasty and right knee disability. The RO has granted an increased rating of 30 percent for the postoperative chronic anterior cruciate ligament insufficiency with reconstructive surgeries of the right knee, effective August 30, 2006. However, there are still issues regarding the initial evaluation prior to that date and after it.

The Board denied service connection for a left knee disorder and found that the veteran's low back disability did not warrant a compensable initial rating from November 13, 1995 to June 23, 2002. For the period June 24, 2002 to April 2, 2006, the veteran was granted a noncompensable disability rating for his low back disability. As of April 3, 2006, he is entitled to a 10% disability rating.

The Board denied the veteran's claims for increased ratings for his right knee Osgood Schlatter's Disease, arthritis of the right knee, and a scar on the left iliac crest. The current ratings are already at their highest levels.

The Board has determined that new and material evidence has been received to reopen the veteran's claim of service connection for a left knee disability, which is now granted on a secondary basis to his service-connected right ankle disability.