Knee decisions — 2001

The Board has determined that the veteran's current bilateral knee disorder, diagnosed as severe chondromalacia patella and including residuals of patellar tendon ruptures and fractures of the interior poles of the patellae, is related to his knee problems treated during active service. As such, the claim for service connection for a bilateral knee disorder has been granted.

The Board has granted a 10 percent disability evaluation for the appellant's service-connected residuals of right ankle fracture and denied his claims for service connection for lumbar spine, cervical spine, bilateral knee, and left ankle disorders.

The veteran's claims for secondary service connection have been denied as not well grounded. The RO is required to obtain the names and addresses of all medical care providers who treated the veteran for his disabilities of the left lower extremity since the VA examination in June 1999, and to provide a VA examination by an appropriate specialist to determine the nature and extent of his service connected disabilities of the left lower extremity. The RO must also review the claims file and ensure that all notification and development action required by the Veterans Claims Assistance Act of 2000 is completed.

The Board has reopened the veteran's claim of service connection for a left knee disability and granted it, finding that there is equipoise in the evidence regarding which knee was injured during service.

The Board denied the appellant's claims for various conditions, including PTSD, hypertension, and residuals of a head injury. The claim for service connection for a bilateral knee condition was not reopened due to lack of new and material evidence.

The Board denied the veteran's claims for service connection of a right knee disability and increased evaluations for his left knee disability. The decision found no current right knee disability, and denied service connection on both direct and secondary bases. For the left knee disability, the Board granted a 20% rating effective from September 3, 1996.

The VA denied an increased evaluation for the veteran's post-operative right knee condition, currently rated at 30 percent.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claims for service connection of arthritis of multiple joints, but it is unclear whether this evidence supports a finding of service connection due to the mixed disposition.

The Board has determined that the veteran's fatal right lung broncheoalveolar cell carcinoma was not incurred in service or a result of any service-connected disability, and thus denied the claim for service connection for the cause of death.

The Board has reopened the veteran's claim for residuals of a right knee injury. However, the claims for hypertension with heart disease and other conditions have been denied as there is no evidence showing service connection.

The Board found that the veteran's hypertension did not increase in severity during service and was therefore not aggravated by service. The right knee disability is currently rated at 20 percent, but the veteran contends an increase in severity warranting a higher rating.

The Board has granted increased ratings for the veteran's service-connected knee disorders, with effective dates ranging from February 1, 1994 to June 1, 1995.

The Board found that the veteran's right knee disability, manifested by moderate instability and no radiographic evidence of arthritis, does not warrant an evaluation in excess of 20 percent.

The Board denied an increased rating for the service-connected right knee disability and declined to reopen the claim of service connection for chronic low back disability. The veteran's thoracic spine disability was rated at 10 percent, based on limitation of motion.

The Board denied an evaluation in excess of 20 percent for the veteran's left knee injury residuals, finding that the current level of impairment is moderate. A separate 10 percent rating was granted for a tender post-surgical scar.

The Board has determined that the veteran's right knee disorder is proximately due to or the result of his service-connected left knee disorder, and thus grants secondary service connection for the right knee disorder.

The veteran's left knee condition was initially rated at 10 percent prior to February 21, 1997. Since April 1, 1997, the disability has been rated at 20 percent.,Prior to February 21, 1997, the veteran had no more than slight impairment of his left knee due to pain and degenerative changes without any evidence of instability or subluxation. Since April 1, 1997, he has experienced moderate functional impairment with pain, crepitus, instability, and limitation of flexion.

The Board denied increased evaluations for the veteran's right and left knee disabilities, finding that the symptoms did not warrant a higher rating based on instability or limitation of motion.

The veteran's service connection claims for arthritis of the knees, hips, neck, and hands as well as bronchitis have been granted. The claim for higher rating for gastroesophageal reflux has also been granted with a 30% evaluation effective from September 1991.

The veteran's appeal is for an increased rating for his service-connected right knee disability. The Board has determined that additional development, including obtaining medical records and scheduling a VA examination, is necessary to properly adjudicate the claim.