Knee decisions — 2001

The veteran's appeal is being remanded for further development, including a VA examination to address the etiology of his total right knee replacement and the current severity of his service-connected knee conditions.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claims of service connection for back and left knee disorders.

The Board has denied the veteran's claims for service connection for right hip, left knee, and low back disorders as not well grounded. The RO also increased the evaluation for post-concussion syndrome with post traumatic migraine headaches and memory loss to 30 percent.

The Board denied the veteran's claims for increased ratings for various service-connected disabilities, including thoracic spine contusion with T4-5 deformity, sural nerve impairment of the right foot, and various knee and ankle disabilities. The evaluations were all denied as not meeting the criteria for an increase in disability rating.

The veteran's death was not service-connected, and the appellant did not demonstrate clear and unmistakable error in prior decisions. Therefore, DIC benefits under 38 U.S.C. § 1318 were denied.

The Board has granted a temporary total rating of 50% for the service-connected patellofemoral syndrome of the right knee following arthroscopy, effective from December to May 1995. The effective date remains pending as additional records are needed.

The Board has denied the veteran's claims for service connection for residuals of a fracture of the right foot or right leg injury, DJD of the right hip, and DJD of the right knee. The case is remanded for further development.

The Board denied increased evaluations for the veteran's right knee and right upper arm disabilities, as well as denied service connection for a mental disorder (PTSD) and back injury. The claims for reopening of these conditions were also denied.

The Board granted service connection for chronic patellar tendonitis of the right knee with status post anterior cruciate ligament reconstruction and assigned a 10 percent evaluation. The veteran's condition is currently rated as 10 percent disabling.

The Board has determined that the veteran does not have a current disability for which service connection can be granted, except for right ischial tuberosity bursitis. The other conditions were either not shown in service or are not related to service.

The Board has granted a 10 percent rating for the veteran's allergic rhinosinusitis and established service connection for right knee ligament injury. The initial ratings are effective from October 1998.

The Board has restored the veteran's 30 percent disability evaluation for his service-connected left knee disability, postoperative status, based on a finding that the March 1999 VA examination did not provide comprehensive clinical findings and did not indicate sustained improvement in the condition.

The veteran's disabilities render him unable to independently care for his daily personal needs on a regular basis without assistance from another person, meeting the criteria for special monthly pension by reason of being in need of aid and attendance.

The veteran's left knee disability was granted a 10 percent evaluation from February 24, 1987, through March 3, 1996. A compensable evaluation (10 percent) for his right knee disability has been granted effective March 4, 1996.

The veteran's service-connected right knee disability is currently rated at 20 percent for instability and 10 percent for arthritis with limitation of motion, resulting in a combined rating of 30 percent. The medical evidence does not support an increase beyond these ratings.

The Board denied the veteran's claims for a temporary total rating based on post-surgical convalescence and an increased rating for his right knee disorder, finding that 30 days of convalescence was not required following the surgery.

The VA has denied the appellant's claims for increased ratings for traumatic arthritis of the left knee and impairment of the left knee, as there is no evidence of more than limited motion or instability that would warrant a higher rating.

The veteran is seeking higher disability ratings for his service-connected degenerative joint disease of the right knee, including instability. The RO has granted a 10 percent rating since July 9, 1994 and a separate 10 percent rating for lateral instability as of February 14, 2000.

The Board has remanded the issues of service connection for a chronic acquired psychiatric disorder, whether new and material evidence is sufficient to reopen a claim for service connection for bilateral pes planus, entitlement to increased ratings for chondromalacia of the right and left knees. The claims are pending further review.

The Board denied the veteran's claims for higher ratings for his right and left knee disabilities, finding that the evidence did not meet the criteria for a rating higher than 30 percent for the right knee disability or any compensable rating for the left knee disability.