Knee decisions — 2002

The Board denied service connection for residuals of asbestos exposure and chemical exposure, as well as the initial compensable evaluation for degenerative joint disease of the right knee. The veteran's current disabilities are not considered to be related to his military service.

The Board denied the veteran's claims for service connection of a right knee condition and an increased rating for his degenerative changes of the thoracic spine, finding that there was no evidence to support these claims.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for residuals of right knee injury. The merits of this claim will be addressed in a later decision.

The Board has determined that the veteran incurred right knee patellar tendinitis in service and granted service connection for this condition.

The Board found that a chronic right knee disorder was not incurred in service and arthritis of the right knee could not be presumed to have been incurred due to exposure during service. The veteran's current right knee disorder did not develop as a result of any incident during service.

The Board denied the veteran's claims for service connection for a chronic right knee disability and bilateral hearing loss, finding no competent evidence linking these conditions to his active military service.

The Board has remanded the issues for further development and evaluation.

The Board denied the veteran's request for an earlier effective date of January 3, 1996 for his grant of total disability evaluation based on individual unemployability (TDIU) due to service-connected left knee and chronic brain syndrome.

The veteran's bilateral knee disabilities, including laxity and arthritis of both knees, are rated at 20% each. The TDIU claim is denied as the disability does not meet the criteria for a total rating based on individual unemployability.

The Board has granted service connection for the veteran's right knee disability as secondary to his service-connected left knee disability. The initial evaluation for post-operative left knee disability is set at 10 percent.

The veteran's service-connected disabilities do not meet the criteria for additional vocational rehabilitation training under chapter 31 of title 38, U.S. Code.

The veteran's service-connected disabilities (lumbosacral spine disability, residuals of a right thigh GSW, and status post arthroplasty, right knee) prevent him from maintaining substantially gainful employment. The Board finds that the criteria for establishing entitlement to TDIU are met.

The Board found that there was no CUE in the August 1976 and February 1995 rating decisions, which denied service connection for right and left knee disabilities. The RO also determined that new and material evidence had not been received to reopen a claim of service connection for a right knee disability.

The Board found that there was no CUE in the November 1969 RO decision assigning a noncompensable rating for the left knee disorder, and thus denied the veteran's claim.

The Board denied the veteran's claims for service connection for right knee meniscus injury and repair, degenerative joint disease of the right knee, and left knee degenerative joint disease. The Board found that these conditions were not related to his active military service.

The veteran's case is being remanded for a Travel Board hearing in Boston. The issues are an increased evaluation for his right knee scar and whether new evidence has been submitted to reopen the claim for service connection of a chronic right knee disorder.

The Board denied service connection for right below the knee amputation and left toe amputation, both claimed secondary to frostbite. The claim of reopening a headache claim was granted.

The Board has determined that the veteran does not currently have a chronic left knee disability and therefore, service connection for this condition is denied.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for degenerative joint disease of the left knee. The veteran's current knee disability may be linked to an incident in service, as evidenced by a June 1991 VA medical record.

The Board has granted an initial 20 percent rating for degenerative joint disease of the left knee with chondromalacia of the patella, post arthroscopy, and a noncompensable rating for left testicle loss.