Knee decisions — 2002

The Board has granted a 60 percent rating for the veteran's service-connected total left knee replacement, effective from April 5, 1999 through May 31, 2000.

The Board has granted an effective date of October 1, 2001 for the grant of service connection for residuals of frostbite of the left lower extremity and right above-the-knee amputation. The veteran's petition to reopen his claim was received within one year of the liberalizing regulation that added organic residuals of frostbite as a presumptive disease for former prisoners of war.

The Board found that the veteran's left leg disability did not warrant a rating in excess of 10 percent, as there was no significant pathology or interference with employment. The case is denied.

The case is being returned to the RO for additional development, including scheduling a videoconference hearing before a member of the Board.

The Board has determined that the veteran's claimed right knee, hip, and spine disabilities are not service-connected. The chronic right knee disorder is considered to be a direct result of an injury in service, while the right hip and spine disabilities are not shown to have been present during or within one year after service.

The veteran's claim for an increased evaluation of his left knee injury with postoperative chondromalacia is being remanded due to the need for additional development and a hearing before a Member of the Board.

The Board has determined that the veteran's degenerative joint disease of the left knee with total knee arthroplasty warrants a 30 percent evaluation, which is the maximum rating available under Diagnostic Code 5261 for limitation of motion of the knee. The appeal was denied as there were no additional issues or conditions to be addressed.

The veteran's left knee conditions are currently rated at 10 percent, with no more than slight limitation of motion and instability. The Board finds that the evidence does not support an evaluation in excess of 10 percent for these conditions.

The Board has denied the veteran's claims for increased disability evaluations for his degenerative joint disease of the left knee, residuals of a shrapnel wound to the left leg (Muscle Group XI), and status post surgery of the left knee. The current ratings are deemed appropriate.

The Board has remanded the case due to lack of service medical records and other procedural issues. The veteran's right knee disability is being reviewed for possible connection to service, but no presumptive exposure basis or new evidence was provided.

The Board denied an increased rating for chondromalacia of the left knee with degenerative changes, medial meniscus tear, and tendinitis, and a higher initial evaluation for slight laxity of the left knee. The veteran's disability remains rated at 10 percent.

The veteran's service-connected disabilities are not of such nature and severity as to prevent her from securing or following a substantially gainful occupation.

The Board denied the veteran's request for an earlier effective date for service connection of his left knee disorder, determining that April 17, 1996 is the earliest date entitlement arose.

The Board has determined that new and material evidence has been presented to reopen the claim for service connection for a psychiatric disorder. However, the claims for all other conditions remain denied as there is no current evidence of these disorders or their association with active military service.

The Board has granted a separate rating of 20 percent for ACL deficiency of the right knee prior to November 13, 2001 and assigned a separate rating in excess of 20 percent thereafter. The veteran's osteoarthritis of the right knee is rated at 10 percent.

The Board found that the veteran's pre-existing right knee injury did not increase in severity during service and denied her claim for service connection.

The Board has determined that the veteran's postoperative left knee impairment and painful osteoarthritic changes of the left knee do not warrant higher evaluations based on current evidence.

The Board of Veterans' Appeals has determined that the veteran does not have a chronic acquired disorder of the right knee linked to service, and thus denied his claim for service connection.

The Board has determined that the veteran's right knee, right foot, and fractured sternum and second rib disabilities do not warrant a rating in excess of the currently assigned 10 percent evaluations.

The Board has granted service connection for DDD of the thoracolumbar spine and assigned a 20 percent disability rating. Service connection was denied for bilateral knee disorder, left hand disorder, bilateral wrist disorder, and right ear otitis media and externa.