Knee decisions — 2001

The veteran's claim for an initial evaluation in excess of 20 percent for degenerative disc disease of the lumbosacral spine was granted. The claim for an initial evaluation in excess of 30 percent for bipolar disorder was also granted, with a 30 percent evaluation effective from February 1, 1993. Other claims were continued at their prior evaluations.

The Board of Veterans' Appeals denied the appellant's claim for service connection for a bilateral knee disorder secondary to his service-connected pes planus disability due to insufficient evidence. The case is now remanded for further development and consideration.

The Board has dismissed the claims for service connection for a left knee disorder and cancer, claimed as secondary to Agent Orange exposure due to the absence of an adequate and timely filed substantive appeal.

The veteran's service-connected right knee disability was granted, but with a noncompensable evaluation. He is now seeking an increased rating.

The veteran's appeal has been withdrawn due to the appellant requesting withdrawal of the appeal. The issues related to increased ratings for various knee and spine disabilities have not yet had a SOC issued on the issue of effective date for TDIU.

The Board has determined that new and material evidence has been received to reopen the veteran's claim for service connection for traumatic arthritis of the right knee. The Board also found that this condition is due to service trauma, thus granting service connection.

The Board has determined that the veteran's left knee disorder, diagnosed as chondromalacia, does not warrant an evaluation in excess of 10 percent since June 13, 1991.

The veteran is seeking an increased evaluation for her service-connected right knee disability. The case has been remanded due to the need for additional examination and consideration of functional loss.

The veteran's bronchitis with emphysema and torn medial meniscus of the left knee are both rated at their maximum levels, with no further increase in ratings possible.

The veteran's right and left knee disabilities have been rated based on their current functional impairment, with the right knee receiving a 10% rating for arthritis and instability, and the left knee receiving a 20% rating for arthritis and fracture residuals. The ratings are granted.

The veteran's claims for service connection for various conditions were denied. The RO found no current evidence of the claimed disabilities.

The Board finds that the veteran's bilateral knee chondromalacia does not warrant an evaluation greater than the current 10 percent ratings.

The Board has denied the veteran's claim for an increased initial rating for his service-connected right knee strain, finding that the evidence does not support a higher evaluation.

The Board found that the veteran's left knee disorder is not related to his service-connected right patella chondromalacia and denied both claims. The veteran's right patella condition was rated as 10% disabling.

The Board determined that the appellant's claims for earlier effective dates for the 20 percent evaluations of his right knee meniscal tear status post two meniscectomies and left knee anterior cruciate ligament laxity are not supported by evidence in the record.

The Board has remanded the issues related to depression, right knee chronic synovitis, and duodenitis for further review. The current rating of 10% for right knee chronic synovitis is maintained. Duodenitis remains rated at noncompensable.

The Board denied the appellant's claims for service connection for various conditions, including arthritis of the lumbosacral spine and other musculoskeletal issues. The decision also noted that new evidence submitted did not meet the criteria to reopen the claim.

The Board has determined that the veteran's residuals of a simple comminuted left femur fracture do not warrant an evaluation in excess of 10 percent, as they are manifested by slight limitation of motion and no other significant disability.

The Board finds that the veteran's service-connected postoperative residuals, left knee injury with chondromalacia, is rated appropriately at 20 percent and does not warrant a higher rating.

The Board denied the veteran's claim for an increased rating for his scar and arthritis residuals of a right knee injury, finding that there was no evidence to support a higher evaluation based on limitation of motion or other criteria.