Knee decisions — 2002

The Board denied the veteran's claim to reopen his service connection for a bilateral knee disorder, finding that no new and material evidence had been submitted.

The Board found that the appellant's current right knee disability is not related to his period of military service and denied his claim for service connection.

The Board has determined that the veteran's left knee disability warrants a 30 percent evaluation effective June 3, 2002.

The Board has determined that the veteran's claims for service connection for bilateral hearing loss, psychiatric disorder, low back disorder, chondromalacia of the right knee, left shoulder disability, and headaches have all been denied. The evidence submitted since the last final denial does not provide new or material evidence to reopen any of these claims.

The veteran's diabetes mellitus is service-connected and rated at 10% since October 1, 2002. The initial ratings for post-operative degenerative joint disease of the right knee (rated as 10%) and instability of the right knee (also rated as 10%) are upheld.

The Board has determined that the veteran's claims for increased ratings are denied as no more than the current evaluations adequately reflect his symptoms and functional impairment.

The Board has determined that the veteran's current left knee disability is due to his participation in a VA compensated work therapy program, and thus compensation under 38 U.S.C.A. § 1151 is granted.

The veteran withdrew his appeals for service connection for PTSD and increased evaluations for right knee chondromalacia patella with possible meniscus tear, and muscle herniation, anterior tibial muscle with hypesthesia and anterior tibial nerve, right.

The Board denied the veteran's claims for service connection for right knee, right ankle, and lumbosacral spine disabilities on the basis that the evidence did not support a finding of in-service injury or disease leading to these conditions.

The Board has determined that there is no evidence of a chronic left knee disability present during service or after separation, and thus the veteran's claim for service connection for residuals of a left knee injury cannot be granted.

The Board denied all of the veteran's claims, including for increased ratings and a TDIU rating, as her service-connected conditions alone do not prevent her from securing and following substantially gainful employment.

The Board has determined that the veteran's claim to reopen his PTSD service connection and request for an increased rating for right knee disorder have been denied. The evidence received since the October 1995 denial does not provide new and material evidence to support reopening of the PTSD claim, and there is no verifiable stressor sufficient to cause PTSD. For the right knee disorder, the current evaluation remains unchanged as it does not meet criteria for a higher rating.

The veteran's service-connected disabilities, including weakness of the left arm and lower extremity secondary to a cerebral vascular accident (CVA), chronic hyperextension of the left knee, and left facial weakness, preclude him from securing or following substantially gainful employment. The Board has granted a total disability rating based on individual unemployability by reason of service-connected disabilities.

The Board denied increased evaluations for postoperative residuals of left lateral retinacular release, chondromalacia patella and chondromalacia patella, right knee.

The Board denied the veteran's claims for reopening his service connection for right and left knee disorders, finding that no new and material evidence had been submitted.

The Board found that the veteran's claimed disabilities, including residuals of cold injury and arthritis, were not incurred or aggravated by active service. The claims are denied.

The veteran's request for hearings at the RO via videoconference has been noted and will be scheduled. The appeal remains in remand status until further action is taken.

The Board of Veterans' Appeals has determined that the appellant does not currently have a right knee disability related to service and therefore denied her claim for service connection.

The Board has denied the veteran's claim for service connection for a right knee disability as secondary to his service-connected left knee disability, finding that there is no medical evidence showing a causal relationship between the two conditions.

The Board has vacated the RO's decision and is considering whether new evidence submitted by the veteran can reopen his claim for service connection of a bilateral knee disability.