Knee decisions — 2001

The Board has determined that the veteran's right knee disability does not meet or approximate the criteria for a rating in excess of 10 percent under Diagnostic Code 5257, as there is no evidence of moderate impairment with recurrent subluxation or lateral instability. The claim for an increased evaluation is denied.

The Board denied the veteran's claims for service connection for a left knee disorder, arteriosclerotic heart disease, and burns to both eyes. The claim for tinea cruris was partially granted with a 10% disability rating.

The Board has determined that the veteran's left ankle disorder and left knee disorder are not related to service, and thus denied his claims for service connection. The increased evaluation claim was also denied.

The Board denied the veteran's claims for service connection and ratings for various disabilities, including residuals of a right elbow injury, headaches as due to undiagnosed illness, patellofemoral syndrome of both knees, chronic right ankle sprain, low back pain, and pulmonary restrictive disease.

The veteran's right ankle disability is rated at 40 percent, and the claim for increased evaluation of his right ankle fusion with traumatic arthritis is granted. The claims for service connection for tinnitus, a back disorder, and a disorder of the knees are also granted as secondary to his right ankle disability.

The Board found that the appellant's pre-existing right knee condition existed prior to his military service and did not worsen during active duty. As such, the claim for service connection was denied.

The Board has determined that the veteran is entitled to a rating of 30 percent for degenerative joint disease of the left knee prior to December 14, 1998.

The Board has denied the veteran's claims for increased evaluations for his service-connected parapatellar pain syndrome of the left knee and chondromalacia patella of the right knee, finding that the evidence does not warrant an evaluation in excess of the currently assigned ratings.

The Board denied the veteran's claims for increased evaluations for his service-connected chronic sinusitis, chondromalacia of the right knee, and lumbar diskectomy with central bulging disc. The veteran did not meet the criteria for a compensable evaluation under Diagnostic Code 6510 for chronic sinusitis or for an increase in evaluation beyond 10 percent under Diagnostic Codes 5257 and 5003 for chondromalacia of the right knee, or for an increase in evaluation beyond 40 percent under Diagnostic Code 5293 for lumbar diskectomy with central bulging disc.

The veteran's appeal was dismissed due to his death, and the claims are no longer before the Board.

The Board found that the veteran's left knee disability was not caused by VA treatment, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The Board has granted a 10 percent evaluation for traumatic arthritis of the left knee, which is the maximum schedular rating available under Diagnostic Code 5257. The veteran's claim was remanded due to inadequate examination reports and procedural issues.

The veteran's claim for an earlier effective date for special monthly compensation based on anatomical loss of one foot and one leg preventing natural knee action, with loss of use of one hand was granted by the RO. The effective date is set at August 19, 1997.

The Board has restored the appellant's 10% disability rating for bronchitis from November 7, 1996. The issues of service connection for osteoarthritis of the right knee and secondary service connection for left knee disorder are remanded for further development.

The veteran's claim for a higher evaluation for his right arm condition and left knee disorder was granted, with the effective date set at January 31, 1996.

The Board has granted secondary service connection for mechanical low back pain, finding that it is proximately due to or the result of service-connected knee impairment. The final two issues regarding rating excess of 10 percent for left and right knee chondromalacia are remanded.

The Board has denied the veteran's claims for service connection for a back disability secondary to his service-connected right knee disability and for an increased evaluation of his right knee disability. The issues are not related to any exposure basis, such as Agent Orange or Camp Lejeune. There is no indication that the veteran was participating in a VA rehabilitation program at the time of treatment.

The Board denied increased evaluations for degenerative arthritis of the left knee and plantar fasciitis with a calcaneal spur of the left foot, as both conditions are rated at their maximum compensable levels.

The Board denied a higher rating for recurrent subluxation or lateral instability of the left knee and arthritis of the left knee, finding that the evidence did not warrant such an increase.

The veteran's TDIU claim is remanded due to the need for additional development, including a VA examination and consideration of new notification requirements under the Veterans Claims Assistance Act of 2000.