Knee decisions — 2001

The Board determined that the veteran's service-connected postoperative residuals of internal derangement of the right knee warrant a 20 percent evaluation, based on moderate impairment. The appeal was denied.

The Board found that the veteran's right knee instability, lumbar strain, and degenerative arthritis of the cervical spine do not warrant evaluations in excess of the currently assigned 10 percent ratings.

The Board has granted increased evaluations for the veteran's right knee instability and arthritis, as well as his left ankle degenerative joint disease. The current ratings are 10 percent for each condition.

The Board granted a 30 percent rating for the service-connected right knee disability, status post medial meniscectomy with atrophy. The schedular criteria for an initial rating exceeding 20 percent were not met as of November 20, 1990, and the schedular criteria for a rating exceeding 40 percent were met as of October 5, 1998, for the lumbosacral spine disability. A total rating based on individual unemployability due to service-connected disabilities was granted.

The veteran's claims for service connection and increased ratings were denied as not well grounded. The RO certified these issues to the Board, which is now remanding them for further development.

The veteran's claim for service connection for a low back disorder and left knee disorder was denied. His claim for an increased evaluation for his left elbow fracture with post-traumatic arthritis was granted, with the effective date set at January 23, 1996.

The Board denied an evaluation in excess of 10 percent for the veteran's service-connected left knee disability, finding that his condition did not warrant a higher rating based on the clinical findings and diagnostic codes applicable.

The Board denied service connection for headaches, granted service connection for a low back disability with a 10 percent rating, right hip disability with a 10 percent rating, and right knee disability with a 10 percent rating. The veteran's claim for compensable initial ratings for decreased visual acuity and dry eye on the right was not addressed in this decision.

The Board has determined that the veteran's current left knee disability, including arthritis and patellofemoral pain syndrome, was initially manifested during his period of active service. Therefore, the claim for service connection is granted.

The veteran's service-connected vascular disease caused his death, and he is therefore entitled to benefits resulting from the cause of his death.

The Board has remanded the case for further development, including obtaining additional medical records and providing the veteran with an examination to determine the nature and etiology of his right knee disability.

The Board found that the veteran's right shoulder and right knee disabilities do not warrant an evaluation in excess of 10 percent, as they are only mildly-to-moderately symptomatic.

The Board of Veterans' Appeals denied the veteran's claim for a rating in excess of 20 percent for his left knee disorder.

The Board found that the veteran's left knee disorder, which is manifested by symptoms in an unexceptional disability picture, more nearly approximates moderate but not severe impairment. The current evaluation of 20 percent for the left knee disorder has been maintained.

The Board has remanded the case for additional information and compliance with the Veterans Claims Assistance Act of 2000. The veteran's left knee disability records from May 1996 to present need to be obtained by the RO.

The Board denied an increased evaluation for the veteran's service-connected right knee instability, currently rated at 20 percent.

The Board has determined that the veteran's right clubfoot was aggravated by service and is therefore service-connected. The issue of whether his left knee disorder is secondary to his service-connected right clubfoot is pending further development.

The Board found that the veteran's right knee disability did not meet or approximate criteria for a higher evaluation than currently assigned, as his range of motion was limited to 0-110 degrees with pain beyond this point. The lumbar spine condition was also addressed but no rating was provided due to lack of information.

The Board denied the veteran's claims for service connection for a left knee disorder and residuals of head trauma, but granted service connection for a right knee disorder with a rating of 20 percent effective from August 1997.

The Board has remanded the case due to issues regarding service connection for a bilateral knee disability, and the need to obtain additional medical records and conduct further examination.