Knee decisions — 2001

The Board denied the veteran's claims for increased evaluations for PTSD, injuries to the right upper extremity including shell fragment wound scar, and scars on the right thigh and left knee.

The VA has granted a 30 percent rating for the veteran's right knee disability, which includes subluxation and instability. A separate 10 percent rating is assigned for arthritis of the right knee.

The veteran's service-connected traumatic arthritis of the lumbar spine, cervical spine, and right knee have been granted with respective evaluations of 20%, 10%, and 10% since January 1996. The claim for bilateral ulnar neuropathy was denied.

The veteran's claims for increased disability evaluations for his right knee disabilities have been denied as the evidence does not warrant an evaluation in excess of the current ratings.

The veteran is seeking an increased rating for his service-connected left knee disability, but the RO has requested additional development to ensure all due process requirements are met.

The Board found that the veteran's left knee disorder was not caused or aggravated by his service-connected disabilities, specifically his right leg injuries. The examiner concluded that there was no direct connection between the service-connected conditions and the development of the left knee disorder.

The Board finds that the veteran's arthritis of the left knee is proximately due to or the result of his service-connected residuals of a right knee patellectomy with arthritis, and grants service connection for this condition.

The veteran is granted service connection for degenerative arthritis of the left hip as part and parcel of his service-connected degenerative arthritis of the right knee. The veteran's claim for an increased rating for degenerative arthritis of the right knee, currently evaluated at 10 percent disabling, is denied.

The veteran's left knee scars are tender but not subject to repeated ulceration or productive of functional impairment. The RO granted a 10 percent rating for the scars.

The veteran's appeal is being remanded for additional development due to changes in the law and missing records. The RO will obtain recent VA examination reports, conduct a VA examination to determine if there is a current gastrointestinal disability related to service, and provide the veteran with a VA orthopedic examination to assess the severity of his right shoulder and right foot disabilities.

The Board has denied the veteran's claims of entitlement to service connection for arthritis of the left hand, right knee, and left knee. The issues of increased evaluations for residuals of a left third finger injury from November 1, 1997; chondromalacia of the right patella from November 1, 1997; and chondromalacia of the left patella from November 1, 1997 are also denied.

The Board granted the veteran's claims for increased evaluations for his service-connected post-operative stenosing tenosynovitis of the left wrist and osteochondroma of the left distal radius, currently rated at 10 percent. The lumbosacral spine injury with degenerative disc disease and osteoarthritis is also granted a 20 percent evaluation.

The case is being remanded to the RO for procedural matters, including scheduling a hearing and ensuring compliance with the Veterans Claims Assistance Act of 2000.

The Board has dismissed the veteran's appeal regarding a noncompensable evaluation for service-connected mechanical low back pain due to his failure to timely file either a substantive appeal or request for an extension of time. The claims of service connection for hearing loss and right knee disability are pending.

The Board has determined that the veteran's claims of service connection for residuals of a head injury and to a compensable rating for his service-connected left knee disability must be remanded due to the need for additional development, including obtaining medical records and scheduling an examination. The veteran's claim for a 10 percent evaluation based on multiple noncompensable service-connected disabilities under 38 C.F.R. § 3.324 is dependent on the resolution of these claims.

The veteran's claims for increased evaluations for his right knee disability are being remanded due to the need for additional medical examination and development of records.

The Board denied service connection for post-traumatic stress disorder and an increased evaluation for the gunshot wound to the right knee, finding insufficient evidence of a valid stressor or injury.

The Board has granted restoration of a 20 percent rating for the veteran's service-connected left knee disability, effective from October 1, 1998.

The veteran's service-connected right ankle disorder with bursitis and Achilles tendonitis, left wrist tenosynovitis, status post ganglion cyst excision, and left knee patellofemoral syndrome have been rated at 10 percent each since April 1997.

The Board denied the veteran's claim for an increased evaluation of his service-connected left knee disability, finding that it did not meet the criteria for a higher rating.