Knee decisions — 2001

The veteran's claim for an increased rating for lumbosacral strain with arthritis is granted. The claims of service connection for right hip and knee disability are reopened, but the new evidence does not establish service connection.

The Board of Veterans' Appeals has determined that the veteran's claim for service connection for frostbite residuals to his face, ears, feet and knees is not well grounded due to a lack of supporting evidence. The appeal will be remanded to allow for further development.

The Board has determined that the veteran's knee disabilities are currently rated at 10 percent for each knee, effective from May 23, 1998. The claims for higher ratings have been granted.

The Board has denied increased evaluations for the veteran's right and left knee disabilities, finding that they do not meet criteria for higher ratings under applicable diagnostic codes.

The Board denied the veteran's claims for service connection for a bilateral knee disability, a cyst on the back, post-traumatic stress disorder, fatigue as due to an undiagnosed illness, and stomach pain, vomiting, diarrhea, and weight loss (claimed as due to an undiagnosed illness).

The Board found that the appellant did not timely submit a substantive appeal regarding the December 1996 rating decision, and thus the decision is final.

The Board of Veterans' Appeals has denied the veteran's claims for service connection for sinus bradycardia, residuals of a left knee strain, bronchitis, and chronic obstructive pulmonary disease (COPD).

The veteran's major depression is rated at 70 percent effective from November 1998, and his patellofemoral pain syndrome of the knees are each rated at 10 percent effective from November 1998. The lumbosacral strain with herniated nucleus pulposus of the lumbar spine is rated at 40 percent effective from November 1998.

The Board denied the veteran's claims for increased evaluations for his left knee arthritis and meniscectomy, finding that the current disability ratings adequately reflect the severity of his conditions.

The veteran's claim for a total rating on the basis of individual unemployability was granted by the RO in November 1999 with an effective date of February 2, 2000. The veteran appealed this decision and requested an earlier effective date. However, the Board found that the earliest possible effective date is November 26, 1997, when the veteran filed his claim for a total rating on the basis of individual unemployability.

The veteran's application for financial assistance in the purchase of an automobile or adaptive equipment was denied due to lack of loss of use of one or both feet, but he is eligible for adaptive equipment.

The veteran's left knee disability was rated at 10 percent effective April 13, 2000. The rating is for limitation of motion with traumatic arthritis and includes a separate 10 percent rating for instability.

The Board has reopened the veteran's claims for service connection for cervical spine disorder, lumbar spine disability, and Tse-Tse syndrome. The claim for hypertension on secondary basis is granted with a 30% evaluation.

The Board denied the veteran's claims for increased evaluations for his left knee instability and traumatic arthritis, finding that the evidence did not meet the criteria for a higher rating based on either condition.

The veteran's claim for an earlier effective date for service connection of a right knee disorder was denied as the correct effective date is June 19, 1992.

The veteran's claim for an increased rating for his postoperative right total knee replacement is being remanded due to the need for additional development under the Veterans Claims Assistance Act of 2000.

The Board denied the veteran's claims for service connection for bilateral ankle, leg, knee and hip disabilities as secondary to his service-connected bilateral pes planus.

The Board has denied service connection for hypertension, diabetes mellitus, and arthritis of the knees. The veteran's current conditions are not shown to be related to his military service.,Service connection was also denied for a back disorder due to lack of evidence showing continuity of symptomatology since service.

The veteran's left knee surgery resulted in a period of convalescence through May 1, 2000. The Board granted an extension of the temporary total rating for this convalescence.

The veteran's service-connected conditions contributed to his death from cardiopulmonary collapse due to ischemic bowel.