Knee decisions — 2002

The VA denied an increased rating for the veteran's service-connected left knee disability, currently rated at 30 percent.

The veteran's claims for increased evaluations of his service-connected disabilities were denied. The RO found that the evidence did not meet the criteria for higher ratings under applicable VA rating criteria.

The Board has determined that the veteran's appeals for a compensable evaluation for left knee arthritis prior to April 9, 1996 and an extension of temporary total evaluation past August 1, 1996 were not timely filed. The appeal for earlier effective date for a 30 percent evaluation for status post fusion, left ankle was also denied.

The Board denied the veteran's claims for increased evaluations for his service-connected left knee bursitis and chronic lumbosacral strain, finding that the evidence did not support ratings higher than those assigned.

The Board has assigned the highest possible schedular disability rating (40 percent) for degenerative arthritis of the lumbosacral spine due to severe limitation of motion, and denied higher ratings based on ankylosis or other criteria. The initial rating for degenerative arthritis of the left hip is 10 percent.

The veteran's service-connected right knee arthroscopy with traumatic changes and left knee traumatic changes are each rated at 10 percent, while the bilateral degenerative joint disease of the feet is also rated at 10 percent. The veteran does not have any other issues related to service connection.

The Board found that the current evaluations for impairment of the right knee, left knee, and lumbosacral strain do not adequately reflect the severity of the veteran's disabilities. The criteria for an evaluation in excess of the currently assigned ratings have not been met.

The veteran's appeal is being remanded for additional development, including a VA examination and consideration of whether separate ratings should be assigned for limitation of motion and instability in his service-connected right knee disorder. The issues of entitlement to an increased rating and extension of a temporary total disability evaluation are also being referred back to the RO.

The Board has granted service connection for left knee total arthroplasty as secondary to the veteran's service-connected residuals of fracture of the distal left fibula and ununited fracture of the internal malleolus. Service connection for pain, numbness, and tingling in both feet is denied as not being related to service or a service-connected disability.

The Board denied the veteran's claims for increased ratings and service connection, finding no basis to grant any of the requested benefits.

The Board denied the veteran's claim for an extension of a temporary total convalescent rating based on right knee surgery in August 1989, finding that the veteran had completed his convalescence by October 30, 1989.

The Board has denied the veteran's claims for service connection for left and right knee disorders, finding that these conditions did not begin during or as a result of his military service.

The Board denied an increased rating for the veteran's nasal fracture and did not grant a higher evaluation for his right knee disability.

The veteran's left knee disability, manifested by painful motion and mild lateral joint line tenderness, does not warrant an evaluation in excess of the current 10 percent under applicable rating criteria.

The Board denied a rating in excess of 10 percent for the veteran's service-connected chondrocalcinosis of the right knee, finding that there was no evidence of limitation of motion or instability warranting such a higher rating.

The veteran's left knee disability is currently evaluated as 30 percent disabling. The claim for an increased rating has been granted, but the service connection remains on the merits.

The veteran's claims for increased ratings have been denied as the evidence does not support a higher evaluation under applicable diagnostic codes.

The veteran's claim for service connection for PTSD was denied, and the claim for an increased evaluation for her right knee disability was also denied. The Board found that there is no evidence of a current diagnosis of PTSD and concluded that the veteran does not have a diagnosed condition related to her in-service stressor. For the right knee issue, the Board determined that the veteran's symptoms do not warrant a rating higher than 10 percent.

The Board has determined that the veteran's service-connected bilateral knee disabilities do not warrant an extra-schedular evaluation, as his employment limitations are due to multiple conditions and not solely from his knee disabilities.

The Board has granted service connection for a left knee disability, manic depression, and seizure disorder. The veteran's right knee strain is rated at 10 percent, effective from the date of his claim in March 1996. Service connection for scoliosis was not established prior to June 9, 1997.