Knee decisions — 2002

The veteran's knee and hip conditions, as well as his sinusitis with nasal polyps, were granted service connection. He was assigned a 10 percent evaluation for each condition effective from November 1, 2000.

The Board of Veterans' Appeals (BVA) found that the veteran's left knee condition, which includes chondromalacia patella and a history of meniscectomy, does not warrant an evaluation in excess of 10 percent.

The veteran's claims for service connection and increased rating for his right knee disability were denied. The claim for benefits pursuant to 38 C.F.R. § 4.30 for left knee treatment was also denied.

The veteran has withdrawn their appeal, and the case is dismissed.

The veteran's right knee disability is currently rated as 10 percent disabling, and the Board has denied his claim for an increased rating.

The Board found that the right knee disability existed prior to service and did not increase in severity during service, thus denying service connection.

The Board found that the July 1999 decision to sever service connection for instability of the right knee was not CUE, and thus service connection and a separate compensable rating for instability in the right knee are restored.

The Board denied the veteran's claims for service connection for right and left knee disorders, finding that there was no medical evidence linking these conditions to his active duty service.

The Board has determined that the veteran does not have PTSD due to service, and there is no evidence of a left knee disorder related to service. The claim for service connection for these conditions was denied.

The Board has jurisdiction over issues related to the evaluations for lumbar myositis, dorsal spine myositis and degenerative joint disease, right knee disability, and left knee disability. The evaluation of these conditions is mixed, with some granted and others not.

The Board has granted a rating of 20 percent for the veteran's service-connected degenerative joint disease of the right knee, effective June 7, 2000.

The Board has determined that the veteran's left knee disability, which is currently evaluated at 30 percent due to ankylosis of the knee post-surgery and fusion, does not warrant a higher evaluation as her condition meets the criteria for a 30 percent rating based on ankylosis in full extension. The shortening of her leg does not meet the criteria for a compensable evaluation under Diagnostic Code 5275.

The Board found no evidence of a bilateral knee disorder or degenerative joint disease of the jaw, cervical spine, lumbar spine, and shoulders that was incurred in service. The veteran's current conditions are not considered to be related to his military service.

The veteran's postoperative residuals of the right knee were not incurred in or aggravated by active service. The total temporary rating for convalescence due to treatment of a service-connected disability has been denied as there is no evidence that the surgery was related to a service-connected condition. Initial compensable evaluations for chondromalacia patella of both knees have also been denied.

The veteran's claims for increased ratings for his service-connected right elbow fracture, right shoulder rotator cuff tear (post-arthroscopy), and left knee chondromalacia were denied. The RO granted noncompensable evaluations for the left knee disability from October 1, 1994 to September 30, 1999.

The Board has determined that the veteran's right knee disorder is not service-connected, as there was no evidence of a chronic disease during or within one year after service. The claim is denied.

The Board has granted increased ratings for the service-connected disabilities, including a maximum schedular rating of 50 percent for Muscle Group XVII injury and a separate 10 percent rating for traumatic arthritis of the lumbar spine. The effective dates for these compensable ratings are set at March 22, 1996.

The Board denied the veteran's claims for increased ratings and service connection, finding no current disability or evidence of left facial weakness. The patellar subluxation of both knees is rated at 10 percent each, while the traumatic arthritis of the right knee remains at a 10 percent rating.

The Board has determined that the veteran's right knee disability, which includes a history of arthrotomy and medial meniscectomy during service, does not warrant an initial compensable rating since July 5, 1995.