Knee decisions — 2001

The veteran's service-connected disabilities do not render him unemployable or in need of regular aid and attendance.

The veteran's claims for increased evaluations for his left knee and right knee disabilities have been granted, with a 10 percent evaluation assigned for each condition.

The veteran's claim for service connection for a left knee disorder was denied, and his request for an increased rating for mechanical low back pain with muscle spasm was also denied. The Board found that the evidence did not support the presence of any current left knee disorder or significant low back disability.

The Board has denied the veteran's claim for concurrent payment of a total disability evaluation for her service-connected right knee disability, finding that only one award of pension or compensation can be made concurrently to any person based on their own service.

The Board granted service connection for left knee chondromalacia and right knee chondromalacia, both effective from September 1, 1988, and July 27, 1990 respectively. The veteran's claims were based on direct service connection due to the presence of these conditions during his military service.

The Board has granted an increased rating of 10 percent for the appellant's service-connected post-operative right knee arthroscopy with removal of a tear of the medial meniscus. The initial 10 percent disability evaluation for patellofemoral syndrome of the left knee remains unchanged.

The Board has denied the veteran's claim for service connection for a right knee disability due to lack of evidence showing a chronic condition in service or related to service.,Service connection was granted for bilateral hearing loss as it is considered a disability under VA criteria and there is no dispute regarding its onset during service.

The veteran's service-connected disabilities, including knee conditions and pulmonary emboli, do not render him unable to obtain or retain substantially gainful employment.

The Board has granted service connection for residuals of ingrown great toenails, finding that the veteran's current disabilities are more likely than not attributable to his service. The other issues remain pending and will be remanded for further development.

The Board has determined that the appellant's left below-the-knee amputation was not caused or aggravated by his service-connected residuals of left leg anterior compartment syndrome release, and thus denied secondary service connection for this condition.

The Board has granted a 60 percent evaluation for the service-connected left knee disability, effective from January 1, through March 31, 1996.

The VA denied the veteran's claims for increased ratings for patellofemoral syndrome of the left knee and right ear hearing loss, finding that the evidence did not warrant a compensable rating under either the old or new criteria.

The veteran's claims for increased evaluations and TDIU were denied. The residuals of a left fibula fracture with loss of artery circulation and ischemic neuropathy do not meet the criteria for a higher evaluation, as there is no evidence of complete paralysis or nonunion of the tibia and fibula. For his knee conditions, including meniscal tear in the left knee and patellofemoral syndrome on the right knee, he does not have limitation of motion that would warrant an increased rating under the applicable diagnostic codes.

The veteran's service-connected disabilities do not prevent him from obtaining or retaining suitable employment in his chosen field of Information Technology. The Board finds no employment handicap and thus denies the claim for vocational rehabilitation training.

The Board has determined that there is no competent medical evidence of a current right shoulder disability, left knee disability, or right knee disability. Therefore, the claims for service connection for these disabilities are denied.

The veteran's appeal is being remanded due to inadequate VA examinations and the need for another examination to assess her right knee disability.

The veteran's claims for increased ratings for chronic low back strain and degenerative joint disease of the cervical spine have been granted, with a rating of 40 percent each effective from the date of this decision.

The Board has determined that the veteran's cervical strain, lumbosacral strain, and residuals of left knee meniscectomy warrant initial disability ratings of 10 percent each. The veteran's service-connected conditions are not related to any specific exposure basis or presumption.

The Board has dismissed the veteran's appeals on all issues related to service connection for various conditions due to an undiagnosed illness, as his Substantive Appeals were not timely filed.

The veteran's request for restoration of a 20 percent rating for degenerative joint disease of the left knee, effective November 1, 2001, is granted. The reduction from 20 to 10 percent was improper due to inadequate review of his medical history and current condition.