Knee decisions — 2001

The Board has determined that the veteran's service-connected left knee disability, characterized by limitation of motion and pain, warrants a rating of 30 percent under Diagnostic Code 5003-5261.

The veteran's service-connected knee disabilities do not render him unable to secure or follow a substantially gainful occupation, and his claim for a total disability rating based on individual unemployability is denied.

The Board has granted service connection for right knee arthritis as secondary to the veteran's service-connected residuals of shrapnel wound of the right leg. The examiner found that it is likely as not that the appellant's service connected right thigh disability has resulted in aggravation of his right knee arthritis.

The Board found that the veteran's claim for service connection for left knee disability was not reopened due to lack of new and material evidence, as all submitted evidence was either cumulative or redundant.

The VA denied the veteran's claims for increased evaluations for his service-connected right and left knee disabilities, finding that the evidence did not warrant an evaluation in excess of 20 percent for the right knee or a rating higher than 10 percent for the left knee.

The Board has determined that a VA examination is needed to properly rate the service-connected right knee disability due to conflicting findings with regard to arthritis and cartilage. The RO should also consider whether separate evaluations under Diagnostic Codes 5257 and 5003 are warranted.

The Board denied the appellant's claims for service connection for an acquired psychiatric disorder and a right knee disability, finding that there was no evidence of such conditions during or within one year after active duty.

The Board has denied the veteran's claims for service connection for low back, neck, and right knee disabilities as well as an increased evaluation for residuals of a fracture of the right femur.

The Board denied the veteran's claims for an increased evaluation for a right knee disorder, service connection for hepatitis and foot and heel disorders, as well as blood in urine. The decision also noted that new and material evidence had not been received to reopen the claim for hepatitis.

The Board denied the appellant's claims for increased disability ratings for his service-connected right sacroiliac joint tenderness with a history of low back strain, bilateral pes planus, chondromalacia of the left knee, and chondromalacia of the right knee.

The veteran's case is being remanded for further development, including obtaining medical records and scheduling a VA examination to assess his need for aid and attendance and housebound status due to the right below the knee amputation.

The Board denied the veteran's claims for service connection for back and knee injuries, as well as cellulitis. The evidence submitted since the last final decision did not provide new or material evidence to reopen these claims.

The Board has determined that the veteran's service-connected right knee disability warrants a rating of 60 percent from March 24, 1992 to April 25, 1993. The claim for an increased rating beyond this period remains pending.

The Board has remanded the case for additional development due to incomplete service records and for consideration of the appellant's claims under the theory of undiagnosed illness.

The Board has denied the veteran's claims of service connection for diabetes mellitus, hypertension, and osteoarthritis of the knees. The claim for hemorrhagic fever was reopened but not granted.

The Board denied the veteran's claims for service connection for hearing loss, bilateral knee disability, and low back pain. The veteran was also denied an increased evaluation for flatfeet.

The Board has remanded the case due to new legal requirements under the Veterans Claims Assistance Act of 2000, and the need for additional development including a VA examination.

The Board of Veterans' Appeals (Board) denied an increased evaluation for the veteran's residuals of a left knee arthrotomy, currently evaluated as 10 percent disabling.

The Board has remanded the case for further development, including a VA examination and consideration of whether separate ratings are warranted for the veteran's service-connected knee disabilities. The appeal is currently in process.

The Board found no clear and unmistakable error in the assignment of a 10 percent evaluation for the veteran's right knee disability, effective from March 22, 1996. The effective date remains November 24, 1987.