Knee decisions — 2001

The Board denied the veteran's claim for payment or reimbursement of unauthorized medical expenses incurred during his private hospitalization from July 26 to July 30, 1995. The treatment did not involve an adjudicated service-connected disability.

The veteran's claim for a temporary total evaluation based on left knee surgery performed in November 1994 is denied as the claim was received more than three years after the alleged need for convalescence ended.

The Board has granted a 100% evaluation for PTSD, which is productive of total occupational impairment. The right knee disorder was also found to be service-connected.

The Board granted a 30 percent evaluation for degenerative joint disease of the right knee effective July 14, 1998. The veteran's left knee disability was not service connected.

The Board has granted an increased rating of 20 percent for the service-connected right knee disability and reduced the evaluation to noncompensable for the service-connected biliary dyskinesia and status post laparoscopic cholecystectomy. The veteran's claim for service connection for bronchial asthma is not addressed in this decision.

The RO has denied the veteran's request to restore a 30 percent rating for his right knee disability, currently rated at 10 percent.

The Board denied the veteran's claims for service connection for knots on hands, back and knees, psychiatric disorders (claimed as depression and fatigue), and ulcer disorder (claimed as stomach condition). The claim for PTSD was not granted.

The Board has determined that the veteran's preexisting left knee disorder may have been aggravated by service, but further medical examination is needed to determine if this aggravation constitutes an increase in disability beyond natural progression. The pension claim will be remanded for proper evaluation and assignment of ratings.

The veteran's claim for an increased rating for his service-connected right knee disability is being remanded due to the need for additional development, including a VA examination and consideration of VAOPGCPREC 23-97.

The Board has granted a 10 percent rating for the veteran's service-connected post-arthrotomy of the right knee with internal derangement, including arthritis. The veteran is not entitled to an increased rating as his disability does not meet the criteria for more than slight impairment due to recurrent subluxation or lateral instability.

The Board has granted a combined 20 percent rating for the veteran's right and left knee disabilities, effective from December 29, 1992. The ratings are based on limitation of motion and arthritis.

The Board denied a higher rating for the veteran's service-connected right knee disability, finding that staged ratings were not warranted and that the RO did not consider DeLuca v. Brown (1995) or VAOPGCPREC 23-97 (1997).

The veteran's claim for a total evaluation based on individual unemployability due to service-connected disabilities was denied as he failed to report for a scheduled VA examination without good cause.

The Board has determined that the veteran's right knee disability was incurred during active service and granted service connection for residuals of a right knee injury. The issue of secondary service connection for low back pain is also addressed, but further development is needed to determine if there is a current low back disorder and its etiology.

The Board has granted a 20 percent evaluation for residuals of a medial meniscectomy of the right knee, effective from August 30, 1999. The veteran's degenerative changes of the right knee are rated as 10 percent disabling.

The Board found that the veteran's left leg amputation below the knee was not caused by or aggravated by his service-connected residuals of a gunshot wound of the right thigh, and thus denied both claims.

The Board has remanded the case due to a need for additional evidence and an examination, as well as the need to comply with new laws regarding assistance in claims.

The Board denied the veteran's claims for higher ratings for his service-connected right 5th metacarpal joint, left knee injury, and lumbosacral strain disabilities.

The Board has determined that the veteran's need for regular aid and attendance is due to his service-connected disabilities, specifically his left leg amputation and Parkinson's disease. As a result, he is granted special monthly compensation by reason of need for regular aid and attendance.

The veteran's claims for service connection and increased rating were denied. The Board found no evidence to support the veteran's assertions that her Raynaud's syndrome, lump in right calf (lipoma), or pterygium are related to military service.