Knee decisions — 2001

The Board denied the veteran's claims for increased evaluations for his left knee patellectomy with chondromalacia and arthritis, both rated at 10 percent disabling since May 19, 2000. The conditions are considered to be of a direct nature without any service connection theory involving exposure or other specific circumstances.

The Board found no new and material evidence to reopen the veteran's claims of service connection for right knee arthritis and a heart disorder, thus denying these claims.

The Board has determined that the veteran's left knee disability does not warrant an evaluation in excess of 10 percent, as there is no evidence of moderate recurrent subluxation or lateral instability. The separate evaluation for degenerative joint disease with limitation of motion is also denied.

The Board found that the submitted evidence is not new and material, thus denying the reopening of the claim for service connection for a bilateral knee disorder.

The Board denied the veteran's claims for service connection of a left knee disability and a left ankle disability as secondary to his service-connected right knee disability, and continued the current evaluation of 30 percent for his right knee replacement.

The Board has determined that the veteran's service-connected postoperative residuals of a fracture of the right femur and lateral instability, right knee, do not warrant an increased rating beyond the current 30 percent evaluations.

The Board found that the veteran does not have a current liver disorder or retropatellar tendonitis of the right knee, and therefore denied both claims.

The case is being remanded to the RO for further development of evidence related to the veteran's service-connected low back pain and left knee arthritis, including with orthopedic and neurological examinations. The veteran will be provided an opportunity to respond to any supplemental statements of the case.

The veteran's claims for increased disability evaluations for his right and left knee disabilities, as well as service connection for a back disorder secondary to his knee disabilities, were denied by the RO. The RO continued the current 10 percent disability evaluations for both knees and denied service connection on a direct basis.

The Board denied the veteran's requests for increased evaluations for his left knee and right hand disabilities, finding that they do not warrant ratings higher than the currently assigned 30 percent and 10 percent, respectively.

The veteran's conditions do not meet the criteria for financial assistance in acquiring specially adapted housing or special home adaptations due to his ability to walk without assistance and lack of significant visual disability.

The Board found that the appellant did not have a right eye disability during active duty service and there are no residuals of a right eye injury sustained during inactive duty training in May 1992. The claim for service connection for the residuals of a right eye injury was denied.

The veteran's appeal is being remanded for further development, including obtaining additional medical records and arranging for a VA orthopedic examination to assess the nature and severity of his service-connected residuals of a right knee meniscectomy. The RO must also ensure compliance with the Veterans Claims Assistance Act of 2000.

The Board has remanded the case to the RO for further proceedings, including obtaining additional medical records and arranging for VA examinations. The claims for higher initial ratings for left knee and right index finger disabilities are also being considered.

The Board denied increased ratings for the veteran's right and left knee disorders, currently rated at 20% and 10%, respectively.

The Board has remanded the case due to new evidence and for further clarification of claims.

The Board denied an increased disability evaluation for the veteran's residuals of fracture of the right femur with arthritis of the right knee, finding that the evidence did not meet the criteria for a higher rating under Diagnostic Code 5255.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claims for service connection for a left knee disability and low back disability. However, the evidence does not establish service connection for either condition.

The veteran's basic eligibility for nonservice-connected disability pension is denied because he did not meet the legal requirements set forth in 38 U.S.C.A. § 1541 and 38 C.F.R. § 3.314(b)(1).