Knee decisions — 2000

The Board denied the appellant's claim for basic eligibility for VA death benefits because her deceased husband did not have active military service in the United States Armed Forces.

The Board denied increased ratings for the veteran's service-connected right knee injury with post-traumatic arthritis and seborrheic dermatitis of the face and scalp, both rated at 10 percent.

The veteran's left knee disorder is rated at 20 percent under DC 5258 due to arthritis and swelling. An effective date prior to January 5, 2000 for a 70 percent rating for PTSD was granted based on the severity of his symptoms and treatment.

The Board has determined that the veteran's right knee disability is proximately due to or the result of his service-connected left knee disability, and thus grants service connection for this condition. The issue of service connection for sinusitis will be addressed in a separate remand.

The Board denied the veteran's claims for increased ratings and service connection, finding that new and material evidence was not provided to reopen his claims. The RO assigned non-compensable evaluations for the postoperative residuals of a right inguinale hernia repair and patellofemoral pain syndrome of both knees.

The Board denied the veteran's claims for service connection for various conditions, including a contusion of the sacrum with coccygeal fracture and a psychiatric disorder. The claim for left knee disorder was reopened based on new evidence submitted by the veteran. Service connection for low back strain and neck strain were also granted, but with non-compensable ratings. Effective dates for these decisions are not established.

The Board dismissed the appeals of the veteran's claims for increased ratings for hypertension and entitlement to TDIU due to failure to file a timely substantive appeal.

The Board has denied the appellant's claims for service connection for right knee and low back disabilities, finding that any current conditions did not permanently worsen during military service.

The Board denied the veteran's claims for service connection for right wrist synovitis, joint and muscle pains due to an undiagnosed illness, cold intolerance, and entitlement to a higher effective date for service connection of chronic diarrhea. The claims were found not supported by evidence showing a direct link to military service.

The Board found no clear and unmistakable error in the December 1994 RO rating decision that assigned a 20 percent evaluation for residuals of fracture of the right femur with right knee injury.

The Board has granted service connection for the veteran's left knee disorder as secondary to his already service-connected disabilities, including mechanical low back pain with degenerative changes.

The veteran's service-connected disabilities do not render him unemployable, as he has a 12th grade education and over 20 years of experience in the printing field. The Board finds no competent medical evidence indicating that his service-connected conditions alone prevent him from obtaining employment.

The Board denied the veteran's claims for service connection for varicose veins and an increased evaluation for his left knee disability. The decision also deferred consideration of the claim for service connection for varicose veins until after completion of a remand.

The veteran's service-connected disabilities, including arthritis of the knees and anxiety disorder, make it impossible for him to secure or follow a substantially gainful occupation.

The Board has granted a 100 percent evaluation for the veteran's thrombophlebitis of the left leg and thigh, effective from February 1998. The issue regarding the left knee disability remains pending as it was not evaluated in the recent VA examination.

The veteran's claims for increased rating and temporary total rating are being remanded due to the need for additional medical examination and records.

The VA determined that the veteran's right knee condition was not caused by carelessness, negligence, or any similar fault on the part of VA medical personnel. The Board denied compensation benefits under 38 U.S.C.A. § 1151.

The Board denied the veteran's claims for increased ratings for his right and left knee disabilities, as well as hiatal hernia. The RO continued to deny service connection for a sleep disorder.

The Board found that the veteran's left knee condition, diagnosed as chondromalacia of the patellofemoral joint, does not warrant a higher rating due to lack of evidence of arthritis or significant instability.

The Board has determined that new and material evidence has been submitted to reopen the claim of entitlement to service connection for postoperative degenerative arthritis of the right knee. The veteran currently has a right knee disability, including degenerative joint disease.