Knee decisions — 2001

The Board denied the veteran's claim for a total rating based on individual unemployability due to his service-connected disabilities.

The Board denied service connection for right knee disability, left hip disability, and residuals of cerebral concussion. The claim to reopen the cardiovascular disease was also denied.

The Board has determined that the veteran's bilateral knee osteochondritis was incurred in active service, resolving all reasonable doubt in his favor.

The veteran's left knee disability, including hyperextension, pain and swelling, laxity and instability of the ACL tear, and degenerative changes, is currently rated at 40 percent. The appeal is granted.

The Board denied the appellant's claims for increased evaluations for his right knee disability, finding that the evidence did not meet the criteria for an evaluation in excess of 10 percent prior to December 2, 1998 and a 20 percent evaluation from that date.

The veteran's service-connected right and left knee patellar tendonitis are currently rated at the highest schedular rating of 30 percent each, based on limitation of motion. The Board has determined that a higher rating is not warranted as there is no evidence of more than moderate limitation of motion in either knee.

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.