Knee decisions — 2002

The Board has granted a 10 percent evaluation for the service-connected arthritis of the right knee and assigned a separate 10 percent rating for the left knee. The veteran's complaints of pain have been considered, but no higher ratings are warranted as there is noncompensable functional limitation in both knees.

The veteran's right knee disability is rated at 60 percent, and service connection for his low back disorder and bowel incontinence are granted as secondary to these conditions. The TDIU claim is also granted.

The Board denied the veteran's claims for increased ratings for his left knee disability and TDIU, finding that the evidence did not support a higher rating or entitlement to TDIU based on his service-connected disabilities.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claim of entitlement to service connection for a left knee disability.

The veteran's claim for vocational rehabilitation training was denied as he did not have an employment handicap and his eligibility period had expired.

The veteran's claims for increased evaluations for plantar fasciitis, seborrheic dermatitis, and retropatellar pain syndrome were denied as the evidence did not support an evaluation in excess of 20 percent for right ankle disability or a rating in excess of 10 percent for skin condition and knee disability.,The veteran's claims for increased evaluations for plantar fasciitis were also denied as there was no additional functional loss due to pain or other pathology.

The Board denied the veteran's claims for service connection and increased ratings for his right knee, pubis fracture, and scapula fracture. The evidence did not support a finding of service connection or entitlement to higher ratings.

The Board finds no schedular basis to afford the veteran a rating higher than 30 percent for his left fifth toe disability. The veteran's left hip and knee disorders are not proximately due to his service-connected left fifth toe disability.

The veteran's claim for financial assistance in acquiring specially adapted housing or special home adaptations was denied as he does not meet the regulatory criteria due to his service-connected disabilities.

The Board denied the veteran's claims for a higher rating for his service-connected arthritis of the left knee and entitlement to TDIU, finding that the evidence did not support ratings in excess of 20 percent.

The Board has determined that the veteran's right knee instability warrants a 20 percent disability evaluation, which is the highest rating available under Diagnostic Code 5257.

The veteran's disabilities, including back pain, PTSD, and knee injury, have rendered him unemployable due to his age, education, and occupational history. Effective September 17, 2001, the veteran is entitled to a permanent and total disability rating for nonservice-connected pension purposes.

The Board finds that the veteran's left knee disorder, bilateral hearing loss, and BCC are related to service. However, BCC is not presumed due to Agent Orange exposure as it is not one of the diseases covered by the presumption. Service connection for chloracne is denied as there is no evidence linking it to Agent Orange exposure.

The Board has determined that the veteran's right and left knee disorders were not incurred in or aggravated by active service.

The veteran's claim for TDIU was granted effective from May 26, 2000, when his combined service-connected ratings reached 70 percent. The RO also increased the evaluation for right femur disability to 10 percent and left knee disability to 10 percent, both effective from May 26, 2000.

The Board has determined that the veteran's claimed bilateral knee disorder, bilateral hearing loss, and residuals of a fracture of the fifth digit of the right foot were not incurred or aggravated by active service. The claims are denied.

The Board denied the veteran's claims for increased evaluations for postoperative residuals, left knee injury and left knee arthritis. The postoperative residuals were rated at 30 percent, which is the highest rating available under Diagnostic Code 5257 (anterior cruciate ligament insufficiency). The left knee arthritis was assigned a 10 percent evaluation.

The Board denied the veteran's claims of entitlement to increased evaluations for right and left patellofemoral pain syndrome, finding that his knee disabilities did not meet the criteria for a higher evaluation.

The Board has determined that the veteran's claims for increased ratings and service connection are mixed, with some issues granted and others not. The right knee disability is rated at 20%, but there are separate issues regarding left knee, left ankle, and right ankle disabilities.

The Board finds that arthritis of the cervical spine, elbows, shoulders, hips, knees, ankles, and feet was not incurred in or aggravated by service. The evidence does not show that any current arthritis is related to service.