Knee decisions — 2001

The Board has granted the veteran's motion to sever his left knee disability claim from other claims and remanded it for further development. The case is now being returned to the RO for additional development, including obtaining medical records and scheduling examinations.

The Board has granted service connection for a psychiatric disorder (anxiety or dysthymic disorder) secondary to the veteran's service-connected left varicocele and infertility, as well as service connection for right carpal tunnel syndrome and a skin disorder (actinic/seborrheic keratoses).

The Board denied the veteran's claims for service connection for right hip and knee disabilities, as well as increased ratings for his left foot fractures. The RO granted service connection for bilateral tibial stress fractures but did not assign a compensable rating.

The veteran's service connection claims for a chronic left hand disorder, bilateral acquired eye disorder, and chronic right knee disorder were denied. The veteran was granted service connection for osteomyelitis of the right tibia with staged evaluations.

The Board denied the veteran's claims for increased evaluations for lumbosacral strain, duodenal ulcer, and left knee disability. The maximum schedular evaluation of 40 percent was granted for lumbosacral strain.

The Board has determined that the appellant's conditions have not significantly changed and that uniform ratings are appropriate. The current evaluations for his service-connected conditions remain unchanged.

The Board denied the veteran's claims for extensions of temporary total convalescent ratings following his right knee surgeries in February and July 1995, finding that he did not require at least one month of convalescence due to surgery.

The Board denied the appellant's claims for service connection for various conditions, including residuals of a left knee injury, low back disorder, neck disorder, gastrointestinal disorder, and migraine headaches. The right knee disability was rated at 10 percent.

The veteran's appeal has been dismissed due to his death. The issues related to PTSD evaluation, increased rating for right knee injury, and benefits under 38 U.S.C.A. § 1151 remain unresolved.

The Board has denied the veteran's claims for service connection for neck and right knee disorders, as well as his claim for a rating in excess of 10% for his low back disability. The evidence does not support the presence of these conditions during or due to service.

The Board has determined that the veteran's residuals of a right knee injury warrant a 60 percent rating, which is higher than the current 30 percent evaluation.

The Board has determined that the veteran's current left knee disability was not incurred in service and is not related to a disease or injury to the left knee incurred in service. Therefore, the claim for service connection for a left knee disorder is denied.

The Board has reopened the claim for service connection for a back disorder, as secondary to the veteran's service-connected right knee disability. The rating of 30 percent for residuals of right knee trauma remains unchanged.

The VA has denied the veteran's claims for increased ratings for his service-connected chondromalacia of the right and left knees, currently rated at 10 percent.

The veteran's appeal is denied as his claims for service connection are not supported by the evidence of record.

The veteran's claim for a total disability rating for compensation based on individual unemployability was denied because there is no evidence that he was unable to secure or follow a substantially gainful occupation prior to June 10, 2000.

The Board has determined that the appellant's left knee and lumbosacral strain disabilities do not warrant a higher disability rating based on the current evidence of record.

The Board has granted service connection for the veteran's left knee disorder and assigned a zero percent evaluation, but the veteran believes this rating is too low. The case is being remanded to obtain additional information from the VA physician referenced in the veteran's notice of disagreement.

The VA has determined that the veteran's right knee disability does not warrant an evaluation in excess of 10 percent.

The veteran's service-connected disabilities, including left knee and hip pain, lumbar spine degenerative changes, and shortening of the left leg, have rendered him unable to secure or follow substantially gainful employment. The Board finds that he meets the criteria for a total disability rating based on individual unemployability.