Knee decisions — 2001

The Board has determined that the veteran's right knee disability warranted a rating of 10 percent prior to September 18, 2000. The issue of entitlement to an increased rating greater than 10 percent is still pending.

The Board has denied the veteran's claims for service connection for bilateral knee disability, right hip disability, and a compensable rating for residuals of right thigh injury. The RO is directed to obtain treatment records from private providers and VA Medical Center, provide an appropriate VA examination, and consider whether separate service connection claims should be evaluated.

The Board has granted service connection for gout and left knee replacement, but denied service connection for diverticulitis. The veteran's history of gout is considered to have had its clinical onset during service, while the residuals of his left knee replacement are also considered to be due to disease or injury that began in service. Diverticulitis is not supported by evidence showing it was incurred in service.

The veteran is seeking an increased rating for his service-connected right knee disability, which is currently rated at 20 percent. The case has been remanded due to the need for additional development and examination.

The veteran's service-connected disabilities, including total right knee replacement and chronic low back strain, are deemed to be so severe that they prevent him from securing and following substantially gainful employment.

The veteran's claim for compensation benefits under the provisions of 38 U.S.C.A. § 1151 was denied due to a meniscal tear of the right knee resulting from surgery at a VA hospital in December 1992, and it is determined that the surgery did not cause or aggravate his current condition.

The Board denied an increased evaluation for the veteran's right knee disorder and service connection for a low back disorder. The RO evaluated the right knee disorder under Diagnostic Code 5257, resulting in a 10% rating.

The Board denied an increased evaluation for traumatic arthritis of the right knee with a history of loose body and did not reopen the claim for service connection for a right ankle disability. The veteran's current range of motion is within the scope of the existing 10% rating.

The Board has denied the veteran's claim for service connection for a left knee disability, finding that there is no evidence to support a link between his current condition and his military service.

The veteran's bilateral knee disorder and low back disorder are not service-connected. The decision does not address PTSD.

The Board has determined that the veteran's condition did not warrant an extension of a temporary total disability rating beyond August 31, 1996 due to the successful treatment of his infected right knee replacement.

The veteran's claims for increased ratings for his knee disabilities and a compensable rating for his right shoulder injury were granted, with the effective date being January 9, 1998. The veteran was already receiving a 60 percent rating for both knees since December 1, 1997.

The Board denied the veteran's claims for service connection for bipolar disorder and anxiety disorder, finding no competent medical evidence linking these conditions to her service or any incident therein. The Board also found that there was insufficient evidence to establish a preexisting knee disorder in service.

The Board has denied an increased evaluation for the appellant's left knee disability, but granted a separate 10 percent rating for post-traumatic arthritis of the left knee.

The VA denied an increased initial evaluation for the appellant's left knee disability, currently rated at 10 percent.

The Board has determined that the veteran's postoperative residuals of a shell fragment wound of the left knee warrant an increased evaluation to 30 percent, effective from November 1985.

The Board found that the veteran's right above-the-knee amputation was a certain and intended result of surgical treatment received at a VA hospital in January 1997, but not due to carelessness, negligence, or lack of proper skill on the part of VA physicians.

The Board denied service connection for bilateral hearing loss and did not address the higher rating claims for right and left knee disorders, as well as the compensable rating claim for hypertension.

The Board has determined that the veteran's disabilities have rendered him unable to independently perform daily functions of self-care or protect himself from hazards and dangers, warranting special monthly pension based on need for aid and attendance.

The Board dismissed the appeal regarding reopening of service connection for low back disability due to lack of timely substantive appeal. The claim for benefits under 38 U.S.C.A. § 1151 for right knee disability resulting from VA treatment in August 1995 was granted.