Knee decisions — 2001

The Board has denied service connection for degenerative joint disease of the left knee. The case is being remanded to determine if there is new evidence that could support a grant of service connection.

The veteran's claim for an increased disability evaluation for his service-connected left knee disorder is being remanded due to the need for additional medical records and a VA examination.

The veteran's appeal is denied as his post-operative residuals of left knee injury, with Baker's cyst and instability, are currently rated at 30 percent. His arthritis of the left knee is also rated at 10 percent. The right knee disability was not incurred in service or due to his service-connected left knee disability.

The veteran's claims for a temporary total disability rating, service connection for low back disability, and increased ratings for right and left knee disabilities are denied. The case is remanded to obtain additional medical records and to schedule the veteran for VA examinations.

The veteran's claim for a higher evaluation for his service-connected left knee disability was granted, with the current rating of 10 percent being maintained.

The VA denied reimbursement for the cost of private medical services rendered to the veteran due to lack of emergency condition and availability of VA facilities.

The Board has determined that the claim on appeal must be remanded to ensure compliance with due process considerations, including providing a supplemental statement of the case and considering whether new and material evidence has been submitted to reopen the service connection claims for cervical spine, lumbar spine, and knee disabilities.

The Board has determined that the veteran's claims for increased evaluations are denied as there is no evidence showing that his service-connected conditions warrant a rating higher than 20 percent for each condition.

The Board has granted increased evaluations of 50 percent for post-operative residuals of osteochondritis of the left and right knees, effective from the date of the decision.

The veteran's appeal was dismissed due to his death during the pendency of the appeal.

The veteran's appeal for higher initial evaluations on several knee and finger conditions was dismissed due to the failure to file a timely Substantive Appeal.

The Board has determined that the veteran's service-connected right knee disability does not warrant a rating in excess of the current 30 percent evaluation.

The Board has granted increased evaluations for the veteran's service-connected traumatic arthritis of the right knee and degenerative joint disease of the lumbar spine, but denied an increase in evaluation for his service-connected traumatic arthritis of the left knee. The RO needs to implement these changes.

The Board has denied the veteran's claims of entitlement to service connection for a back disorder, arthritis, a bilateral knee condition, and anxiety with major depression. The evidence submitted since the February 1997 decision is not new and material.

The veteran's claim for payment of or reimbursement for medical expenses incurred during his hospitalization at the DePaul Medical Center in Norfolk, Virginia, from May 27 to June 3, 1991, was denied as he did not meet the criteria for reimbursement under VA regulations.

The Board has granted service connection for several conditions, including right eye injury and sinusitis. However, the claims for a right knee disorder, tinnitus, and lacerations of the left cheek were denied as not related to service.

The Board denied the veteran's claim for an initial disability evaluation in excess of 20 percent for his right knee disability, finding that the evidence did not support a rating higher than 20 percent.

The Board denied the veteran's claims for increased evaluation of venous varicosities, service connection for hypertension and right knee/leg disability as secondary to his service-connected venous varicosities, and service connection for a low back disorder. The claim for reopening a direct-service connection claim for a back disorder was also denied.

The veteran's claim for special monthly pension based on the need for aid and attendance or at the housebound rate is denied as his disabilities do not meet the criteria for such benefits.

The veteran's claims for service connection for arthritis of the right knee, both shoulders, right hip, and thoracic spine are being remanded due to the need for additional development of medical evidence.