Knee decisions — 2000

The Board has granted the veteran's claim for service connection and assigned a 10 percent evaluation, but denied his request for an increased rating.

The Board has determined that the effective date for the award of TDIU should be February 23, 1990, as this is the earliest date on which a claim was filed. The veteran's service-connected disabilities met the percentage requirements for TDIU from June 8, 1990.

The VA has determined that the veteran's left knee disability, characterized as post-operative residuals of an osteochondral fracture and partial tear of the anterior cruciate ligament, warrants a 30 percent rating since August 7, 1990.

The Board has found that new and material evidence has been submitted to reopen the veteran's claim for service connection of a right knee disorder. The case is now remanded for further development.

The veteran's service-connected knee and hand disabilities have been rated based on their current manifestations, with no new evidence of increased disability. The evaluations remain at the minimum levels.

The Board has determined that the veteran's knee strain and tinnitus are related to his active service, but hypertension is not established. The decision denies all other claims.

The veteran's claim for an increased rating for his service-connected residuals of a left knee condition is being remanded due to the need for additional medical examination and evaluation.

The veteran's claims for increased rating of his right knee disability and a total rating based on individual unemployability were denied. The claim for service connection for PTSD and depression secondary to the right knee disability was also denied.

The veteran's death was not caused by his own willful misconduct, but he did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318 as there is no evidence of a 100% disability rating for at least five years prior to his death.

The veteran's degenerative joint disease of both knees is presumed to have been incurred in service and has been granted service connection.

The veteran's claim for nonservice-connected disability pension is denied as he did not have active military service during a recognized period of war.

The veteran's right knee disorder is currently evaluated as 10 percent disabling and the claim for an increased rating is denied.

The Board finds that the veteran's left knee osteochondritis dissecans does not warrant an evaluation in excess of 20 percent, as it primarily manifests by instability and arthritis. The disability is currently rated at 20 percent.

The Board has remanded the case back to the RO for obtaining recent medical records of the veteran's right knee disorder, including treatment from Dr. Phil Hardy in June 2000.

The Board found that the veteran's polyarthritis was not caused by VA medical treatment, including his use of Gemfibrozil. The bilateral hip degenerative joint disease with bilateral total hip replacements, degenerative joint disease of the right knee, and degenerative disc disease of the lumbosacral spine were also determined to be unrelated to VA treatment.

The Board denied the veteran's claim for service connection for the cause of his death, finding that his suicide was not due to a service-connected disability and thus denying the claim.

The Board has remanded the case for additional development due to changes in the law brought about by the Veterans Claims Assistance Act of 2000. The veteran's claims include service connection for right and left knee disorders, as well as a pulmonary disorder potentially related to Agent Orange exposure.

The Board has determined that there is no current evidence of a right knee or left ankle disability, and thus service connection cannot be granted for these conditions.

The VA denied the veteran's claim for an evaluation in excess of 10 percent for his left knee disability, which is currently rated based on degenerative arthritis. The evidence did not support a higher rating.

The veteran's claim for an annual clothing allowance is granted, effective August 1, 1996.