Knee decisions — 2002

The veteran's left knee disability, including the residuals of a left knee medial meniscectomy and osteoarthritis with pain on motion prior to September 8, 1998, has been granted increased evaluations.

The veteran's service-connected migraine headaches and degenerative changes of the right and left knees are currently rated at 10 percent each, and no higher. The evidence does not support a finding that these conditions warrant an increased evaluation.

The Board has denied the veteran's claim for compensation benefits pursuant to 38 U.S.C.A. § 1151 for additional left knee disability as a result of VA surgery in April 1989, finding that it was not caused by VA carelessness or negligence.

The veteran's left knee disability was evaluated at 20 percent from January 29, 1997 to December 10, 1997 and at 30 percent from February 1, 1998. The appeal is denied as the evidence does not meet the criteria for a higher rating.

The Board has denied the veteran's claim of service connection for a right leg disability, including his right knee. The evidence does not support a finding that any current condition is related to service.

The Board denied reopening of the appellant's claims for service connection for right shoulder/arm and right knee disabilities due to lack of new and material evidence.

The Board denied reopening claims for service connection for cervical and left shoulder disorders, PTSD, and headaches. The claim for increased rating of neuralgia of the left long thoracic nerve was also denied.

The Board has determined that the initial evaluations assigned for the veteran's low back disability and right knee disability are appropriate, but denied her claim regarding the left upper arm scar.

The Board denied the veteran's claims for increased ratings for post-operative meniscectomy of the left knee and traumatic arthritis of the left knee, finding that the evidence did not support a higher rating based on current symptomatology.

The Board found that the veteran's current right and left knee disorders were not incurred or aggravated by her active duty service, as there was no evidence of a permanent increase in severity during service. The pre-existing condition from 1994 was considered to have been aggravated by the veteran's post-service activities.

The Board has determined that the veteran's left knee disability warrants a 20 percent evaluation, while his right knee disability does not meet the criteria for an increased rating or restoration of a 20 percent evaluation.

The Board has determined that the veteran's left knee disability, post-proximal tibial osteotomy, warrants a 30 percent evaluation from June 11, 1994 onwards. The current overall degree of disability is rated at 30 percent, with prior disability levels not ascertainable.

The Board has determined that the appellant does not meet the eligibility requirements for financial assistance in purchasing an automobile or adaptive equipment due to his service-connected disabilities, as they do not result in loss of use of one or both feet or hands.

The veteran's initial disability evaluations for bilateral pes planus and patellofemoral pain syndrome of the right and left knees have been denied as his conditions do not warrant higher ratings under VA rating criteria.

The Board has granted initial evaluations of 10 percent for degenerative arthritis and instability of the left knee, effective May 21, 1993.

The veteran's claims for increased evaluations of his right knee and shoulder disorders, as well as a compensable evaluation for bilateral hearing loss, have been denied. The RO has assigned the highest available rating (10%) for each condition.

The Board has denied the veteran's claim for an increased rating for left knee strain, finding that there is no more than slight instability or subluxation of the knee. The RO previously granted a separate 10 percent rating for hypertrophic arthritis of the left knee.

The veteran withdrew his appeal for an increased rating for a left knee disability during a February 2002 Travel Board hearing.

The Board found no evidence of a current low back or bilateral knee disorder and denied service connection for these conditions.

The Board denied the veteran's claim for an effective date prior to October 19, 1993 for a grant of total rating based on individual unemployability (TDIU) due to lack of factual ascertainability during the one year period prior to that date.