Knee Board decisions

The Board of Veterans' Appeals has remanded the case for further development due to incomplete medical records and a need for an examination.

The VA denied an increased rating for the veteran's gunshot wound residuals, finding that his condition does not warrant a higher evaluation than the current 40 percent.

The Board finds that the evidence is in equipoise as to whether the veteran's current osteoarthritis of the right knee, including pain and swelling, is a residual of an in-service injury to the right knee. As there is an approximate balance of positive and negative evidence in this regard, the benefit of the doubt is given to the veteran.

The Board has determined that new and material evidence has been submitted to reopen the claim of entitlement to service connection for a left knee disorder, which was previously denied in August 1984. The veteran's symptoms have continued post-service.

The Board has granted a 20 percent evaluation for the veteran's service-connected traumatic arthritis of the left knee, including separate ratings for laxity of the left knee.

The veteran's service-connected left knee disability is currently rated at 10 percent, and the Board has determined that it does not warrant a higher rating based on current schedular criteria.

The Board has denied the veteran's claim for service connection for painful joints of the knees as a chronic disability resulting from an undiagnosed illness due to lack of objective indications of such a condition.

The Board denied a rating in excess of 10 percent for the veteran's left knee disability, which was currently rated at 10 percent.

The Board has determined that the veteran's post-operative residuals of a right knee injury warrant a 10 percent evaluation, reflecting slight impairment of the knee.

The Board denied an increased rating for post-operative residuals of a left knee injury, finding that the evidence did not support a higher evaluation.

The Board denied the veteran's claims of service connection for arthritis, right knee and an increased rating for depression of C5 with traumatic arthritis. The veteran was granted a compensable rating (10%) for his depression condition.

The Board denied the veteran's claims for service connection and rating of her bilateral plantar fasciitis, finding that a noncompensable rating was appropriate based on the criteria set forth in Diagnostic Code 5279.

The veteran's claim for special monthly pension benefits due to the need for regular aid and attendance or being housebound is remanded as additional medical examinations are needed.

The Board has granted a 60 percent evaluation for post-phlebitic syndrome, right lower extremity, effective prior to January 1998 under the pre-amendment regulations and to a degree of 100 percent under the post-amendment regulations in effect after January 1998.

The veteran's claim for an initial evaluation in excess of 20 percent for degenerative disc disease of the lumbosacral spine was granted. The claim for an initial evaluation in excess of 30 percent for bipolar disorder was also granted, with a 30 percent evaluation effective from February 1, 1993. Other claims were continued at their prior evaluations.

The Board of Veterans' Appeals denied the appellant's claim for service connection for a bilateral knee disorder secondary to his service-connected pes planus disability due to insufficient evidence. The case is now remanded for further development and consideration.

The Board has dismissed the claims for service connection for a left knee disorder and cancer, claimed as secondary to Agent Orange exposure due to the absence of an adequate and timely filed substantive appeal.

The veteran's service-connected right knee disability was granted, but with a noncompensable evaluation. He is now seeking an increased rating.

The veteran's appeal has been withdrawn due to the appellant requesting withdrawal of the appeal. The issues related to increased ratings for various knee and spine disabilities have not yet had a SOC issued on the issue of effective date for TDIU.

The Board has determined that new and material evidence has been received to reopen the veteran's claim for service connection for traumatic arthritis of the right knee. The Board also found that this condition is due to service trauma, thus granting service connection.