Knee decisions — 2000

The veteran's knee disabilities have been increased to 20 percent effective November 23, 1998. Prior to this date, the evaluations were 10 percent for each knee.

The veteran's service-connected epididymitis with cyst is rated at 10 percent, lumbosacral strain at noncompensable, and left knee disability at 20 percent. The appeal for increased ratings is granted in part.

The Board found that the veteran's claim for service connection was not well grounded due to lack of medical evidence showing an increase in underlying pathology during service. The decision also noted errors in factual determinations made by the Board, such as the absence of a discharge examination from the veteran's first tour of duty.

The Board denied the veteran's claims of service connection for residuals of a head injury and attempts to reopen his claims for heart disorder and right knee disorders, finding that he had not submitted evidence of well-grounded claims or new and material evidence. The decision is considered mixed as some issues were granted while others were not.

The VA denied the veteran's request for higher ratings for his left and right knee disorders, finding that the current assigned ratings of 20 percent and 10 percent are appropriate based on moderate disability.

The veteran's left knee disability, including postoperative patellectomy and degenerative changes, is currently rated at 20 percent. The Board finds that the current rating adequately reflects his symptoms.

The Board denied service connection for a right knee disability as secondary to the veteran's service-connected left knee injury. The claim is not well-grounded.,The RO confirmed the 10 percent rating for residuals of the left knee and maintained the noncompensable rating for bilateral hearing loss.

The veteran's claims for service connection, increased evaluations, and TDIU were denied. The Board found that the veteran did not have a current diagnosis of any type of nervous disorder or evidence to support his claim for service connection.

The Board found that the veteran's claim for service connection for a right knee disability is not well-grounded, as there was no evidence of an in-service injury or disease related to his current condition.

The Board has granted a 30 percent disability rating for the veteran's postoperative residuals of internal derangement of the left knee, with degenerative joint disease.

The veteran's claim for an increased evaluation for his service-connected residuals of a gunshot wound right knee is being remanded due to the need for additional development, including obtaining medical records and scheduling the veteran for a VA examination.

The veteran's disabilities do not render him unable to tend to the basic functions of self-care without regular assistance from another person, and he is not blind or so nearly blind as to have corrected visual acuity of 5/200 or less in both eyes. Therefore, his claim for special monthly pension based on need for aid and attendance is denied.

The veteran's claim for special monthly compensation based on need for regular aid and attendance or at the housebound rate is denied as he does not meet the criteria of having a single service-connected disability rated as 100 percent together with separate service-connected disabilities independently ratable at 60 percent, nor is his permanent housebound status due to service-connected disabilities.

The Board has determined that the veteran's claims of entitlement to service connection for a stomach disorder and left knee disorder have been denied as new and material evidence was not submitted.

The Board denied service connection for right foot drop and degenerative joint disease of the right knee, finding no medical evidence linking these conditions to the veteran's service-connected left total knee arthroplasty with left peroneal nerve palsy.

The VA denied increased evaluations for the veteran's left knee injury and right ankle sprain, finding that current symptoms do not warrant a higher rating based on the criteria provided.

The VA has granted a 20 percent evaluation for the veteran's right knee disability, which includes internal derangement and degenerative joint disease. The decision also notes that there is no additional disability warranting separate evaluations.

The Board found that the veteran's left knee disability, which included pain and instability but no ankylosis or significant functional loss, did not warrant a higher rating. The issues of service connection for shoulder, right knee, and bilateral hip disabilities were also denied as there was insufficient evidence to support these claims.

The Board has determined that the veteran's residuals of a gunshot wound to the right knee warrant a 40% rating, and his tender surgical scar warrants a 10% rating.

The Board found that the veteran's claims for service connection for left knee and bilateral foot disabilities are not well grounded, as there is no evidence of a relationship between these conditions and his military service.