Knee decisions — 2002

The Board denied the veteran's claims of entitlement to an increased rating for degenerative arthritis, left knee and service connection for depression. The veteran's claim for a higher rating was denied as his disability did not meet the criteria for a schedular evaluation in excess of 20 percent. The claim for service connection for depression was also denied due to lack of evidence showing it was incurred or aggravated by active service.

The veteran's claim for PTSD was denied as there is no objective evidence of a verified in-service stressor. The left knee disability claims were also denied, with the denial being due to lack of objective evidence supporting the need for higher ratings.

The Board denied the veteran's claims for an effective date prior to February 23, 1993 for service connection of his right knee, hip, and shoulder disorders secondary to a service-connected left knee disorder.

The veteran's claims for service connection were denied as there was no evidence of a current disability, and the Board found that his pre-existing conditions did not worsen during service.

The Board has determined that the veteran's right knee disability, which includes a history of meniscectomy and degenerative arthritis, warrants a rating of 30 percent. This decision grants the higher rating but does not exceed the maximum available benefit.

The Board has determined that the veteran's left knee disability warrants a rating of 20 percent, effective from April 1, 1997.

The Board denied the veteran's claims for service connection and evaluations of his knee, shoulder, and back conditions. The deviated nasal septum was found to be developmental in nature and not related to service. The degenerative joint diseases were evaluated at 10% each.

The Board denied the veteran's claims for service connection for a low back disorder and bilateral knee condition due to insufficient evidence of current disabilities or in-service injuries.

The veteran's claims for increased ratings and service connection for various knee and foot disorders have been denied. The Board found no current right eye growth disorder, but diagnosed patellofemoral syndrome with chondromalacia in both knees and a ganglion cyst of the left first tendon.

The Board denied the veteran's claims for service connection and separate ratings for his knee disabilities, as well as for arthritis of the elbows, shoulders, and hips. The decision also noted that no X-rays were taken of these joints.

The Board found that the veteran's left knee disability, which is rated at 20 percent under Diagnostic Code 5258 for dislocated semilunar cartilage with frequent episodes of locking, pain and effusion, does not meet the criteria for a higher rating as it does not demonstrate severe recurrent subluxation or lateral instability.

The veteran's service-connected left and right knee patellofemoral syndromes are each granted an initial evaluation in excess of 10 percent.,The veteran's service-connected status post excision of the distal phalanx, both great toes, is each granted an initial evaluation in excess of 0 percent.

The Board denied the veteran's claims for service connection for a left knee disorder, PTSD, and adenocarcinoma of the parotid. The decision also found that new and material evidence had not been submitted to reopen the claim for service connection for adenocarcinoma of the parotid due to exposure to Agent Orange.

The Board found that the veteran's current left knee disorder is not causally related to his active service and denied his claim for service connection.

The Board found that the veteran did not have a current left knee disorder and denied his claim for service connection.

The Board has granted a rating of 20 percent for the veteran's service-connected left knee disability, including a separate rating of 10 percent for limitation of motion due to arthritis. The current 20 percent rating is maintained as it reflects moderate disability due to subluxation or instability under DC 5257.

The Board denied the veteran's claims for service connection for a low back strain and an increased rating for his right knee disability. The low back strain was not found to be incurred or aggravated by active service, nor proximately due to, the result of, or aggravated by service-connected residuals of a right knee medial meniscectomy, status post total arthroplasty. The veteran's right knee disability was evaluated as 10 percent disabling from August 4, 1990 to June 6, 1991 and 30 percent disabling thereafter.

The Board has determined that the veteran's right knee disorder, left knee disorder, and traumatic arthritis of the right ring finger are all service-connected. The veteran is currently receiving a 10% rating for his traumatic arthritis of the right ring finger.

The Board denied an increased rating for chondromalacia of the left knee and did not address the issue of reopening a claim for service connection for a left hip disorder, secondary to a service connected left knee disability.

The veteran's notice of disagreement was not timely filed within one year from the date of the December 1997 and January 1998 rating decisions, thus his appeal is dismissed.