Knee decisions — 2001

The Board of Veterans' Appeals has decided to grant service connection for a right knee disability, finding that the veteran's current condition is due to aggravation during his period of active military service.

The veteran's left knee disability, including degenerative joint disease and a torn meniscus postoperative with unstable joint, is rated at 20 percent. Separate evaluations of 10 percent are assigned for the residuals of his left knee surgery to the left thigh and calf muscles, as well as for scars over the left knee.

The veteran's appeal is denied as he does not meet the requirements for a certificate of eligibility for assistance in acquiring specially adapted housing or a special home adaptation grant due to his service-connected conditions and disability status.

The veteran is seeking to reopen his claim of entitlement to service connection for a right knee disability. The Board will determine if new and material evidence has been submitted, which could result in either granting or denying the reopening of the claim.

The veteran's appeals for increased ratings for his right and left knee disabilities, as well as for irritable colon syndrome, have been dismissed due to the appellant's withdrawal of these issues.

The Board denied the veteran's claim to reopen his service connection for a bilateral knee disorder due to lack of new and material evidence.

The Board has determined that a VA examination is needed to determine the etiology of any left knee disorder and whether it was incurred or aggravated during service.

The Board denied the veteran's claim for service connection for degenerative joint disease of the left knee, finding that there was no evidence linking the condition to service or any presumptive exposure. The Board also noted that the current disorder is not related to a service injury.

The Board found that the veteran's current left knee disability is not related to his service and denied his claim for service connection.

The Board has remanded the case for additional development, including obtaining medical records and conducting examinations to assess the veteran's service-connected disabilities and their impact on his ability to work.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151, finding that his current right knee disability was not proximately caused by VA treatment and was instead attributable to his failure to follow instructions.

The veteran's claim for an increased evaluation of his Osgood-Schlatter's disease of the left knee is being remanded due to a lack of cooperation during a previous VA examination and the need for additional medical evidence.

The RO granted a higher rating of 20 percent for the service-connected right knee disorder effective from November 15, 1999. The appeal for a higher rating for this condition continues.

The Board has determined that further development is necessary due to the appellant's psychiatric condition and hearing loss, as well as his left knee disorder. The VA will need to obtain additional evidence from the appellant and provide him with a supplemental statement of the case if benefits are not granted.

The veteran's right and left knee disabilities are currently rated at 30 percent each, but the Board finds that neither condition warrants a higher rating based on current medical evidence.

The Board has remanded the case due to changes in the law and the need for additional development, including obtaining medical records and providing proper notification under the Veterans Claims Assistance Act of 2000.

The Board has determined that the veteran's service-connected right knee disabilities do not warrant an increased evaluation.

The Board has determined that the veteran's right knee disability does not warrant a rating higher than 10 percent, and his sinusitis does not meet criteria for a compensable evaluation.

The Board denied the veteran's claims for increased ratings for his service-connected arthritis, left knee and right knee disabilities. The RO had previously assigned a 10% disability rating for each knee.

The Board found no evidence linking the veteran's current right knee disorder to his service, and denied both his claim for service connection and his request for an increased rating for his right elbow fracture with traumatic arthritis.