Knee Board decisions

The Board denied the reopening of a claim for service connection for a left knee disability and found no new and material evidence to support it. The appeal for service connection for anxiety will be addressed in a separate remand action.

The veteran's appeal is being remanded for further action, including scheduling a personal hearing and ensuring all notification requirements under the Veterans Claims Assistance Act of 2000 are met.

The Board of Veterans' Appeals denied the veteran's claim for service connection for a left knee injury due to lack of well-groundedness, but with the implementation of the Veterans Claims Assistance Act of 2000, the case is now remanded for further development and consideration.

The Board has remanded the case due to changes in the law and the need for additional development, including a VA medical examination.

The Board has granted service connection for left knee and right leg disabilities as secondary to the veteran's service-connected back disability, but denied service connection for a psychiatric disability as secondary to service-connected disabilities.

The Board has determined that the September 4, 1991 and July 15, 1992 rating decisions denying service connection for right knee disabilities were not clearly and unmistakably erroneous.

The veteran's service-connected post-operative residuals of a left knee ACL tear, consisting of left knee instability and traumatic arthritis with limitation of motion, are currently rated at 20 percent. The 10 percent rating for the traumatic arthritis is maintained.

The Board denied the veteran's claims for increased ratings for her service-connected chondromalacia of both knees and denied her claim for service connection for a low back disorder.

The veteran's appeal was dismissed because he did not file a timely Substantive Appeal within the required time limits.

The Board denied service connection for a left ankle disability secondary to a service-connected fracture of the left great toe and for residuals of a medial collateral ligament strain of the right knee, finding no evidence of current disabilities related to service.

The Board denied the veteran's claims for service connection for a right knee disability and laryngeal cancer, finding that there was no evidence to support these conditions were related to his military service.

The Board denied the veteran's claims for service connection for various conditions, finding that new and material evidence had not been submitted to reopen these claims.

The Board has determined that the October 1968 RO rating decision denying service connection for left shoulder and knee disabilities contains clear and unmistakable error (CUE).

The Board has granted service connection for cervical spine arthritis, lumbar spine arthritis, and left knee degenerative changes based on the opinion of a VA physician who reviewed the claims folder and remaining service medical records.

The Board has determined that the motor vehicle accident of October 21, 1990, occurred in the line of duty and service connection is granted for disabilities resulting from this accident. The veteran's hearing loss does not meet the criteria for a compensable evaluation.

The veteran's claims for higher evaluations of his service-connected bilateral knee disabilities have been granted, with each knee rated at 20 percent.

The Board found that the veteran's right knee disability, which includes postoperative residuals and chondromalacia, is productive of painful motion and functional impairment that equates to limitation of motion compensated by a 20 percent rating. The veteran does not experience lateral instability or subluxation.

The veteran's appeal is about his left knee disability and he contends that it is more disabling than currently evaluated. The Board has ordered an additional VA orthopedic examination to obtain clinical findings as to the extent of functional loss attributable to such factors limited or excess movement, pain, weakness, excess fatigability, or incoordination.

The Board has determined that the appellant does not have a right knee disorder, hearing loss, or tinnitus that is related to his military service.,There are no references to these conditions in the service medical records.

The veteran's claims for increased evaluations of his service-connected conditions have been denied as the current ratings are considered to be in effect for more than 20 years and will not be reduced without a showing of fraud. The criteria for higher ratings under the applicable diagnostic codes do not meet the requirements.