Knee decisions — 2002

The Board found that the veteran does not have a serious employment handicap due to his service-connected left knee disability, and therefore, he is not entitled to additional vocational rehabilitation under Chapter 31 of the U.S. Code.

The VA determined that a rating in excess of 10 percent for traumatic arthritis of the left knee is not warranted based on the current evidence.

The Board has granted a 30 percent rating for the service-connected left knee disability and a 10 percent rating for the service-connected right knee disability, effective September 7, 1999. The veteran's earlier effective date claim for these ratings is denied.

The veteran's service-connected cervical spine disability is rated at 60 percent, the maximum available rating under Diagnostic Code 5293 for pronounced intervertebral disc syndrome. The other conditions are not granted as service connected.

The Board has determined that the veteran's right knee impairment and skin rash of the groin area do not warrant evaluations in excess of 10 percent, as there is no evidence of more than mild impairment or disability.

The Board has determined that the veteran's claims for increased ratings for mechanical low back pain, patellofemoral pain syndrome of the left knee, and status post anterior cruciate ligament repair in the right knee are denied as there is no evidence to support a higher rating under the applicable VA rating criteria.

The Board denied the veteran's service connection claims for back disorder, bilateral knee disorder, arthritis, and depression as secondary to bilateral postoperative hammertoes.

The Board denied the veteran's request to reopen her claim for service connection for a bilateral knee condition, finding that no new and material evidence had been presented.

The Board has determined that the veteran does not have a left knee disability and therefore, service connection for this condition is denied.

The Board has determined that the veteran's right knee disability is due to or a result of his service-connected injury to the right thigh, and thus grants service connection for this condition on a secondary basis.

The Board has determined that the veteran's left knee disability and right leg burn residuals are service-connected. The initial evaluation for cervical spine disability is granted at a 10 percent rating.

The Board found that the veteran's service-connected heart disorder did not contribute to his death or accelerate it. The cause of death was determined to be esophageal cancer, which began due to chronic reflux issues related to his service-connected conditions and aggravated by medications for those conditions.

The Board denied the veteran's claims for increased ratings for his service-connected knee disabilities and found no clear and unmistakable error in the July 1971 rating decision.

The veteran was granted TDIU benefits effective from March 18, 1993, the date of his claim for higher evaluations due to service-connected disabilities.

The Board has granted service connection for chondromalacia of the right knee, but denied an increased evaluation for chondromalacia of the left knee with a history of recurrent subluxation.

The Board denied the veteran's claims for service connection for left knee and right ankle disabilities, finding that these conditions were not incurred or aggravated by active service.

The Board denied the veteran's claims for increased evaluations of his hypertension and varicose veins, as well as service connection for right and left knee disorders. The veteran was not granted a compensable rating for pterygium of the left eye.

The Board has granted a 30 percent evaluation for the veteran's service-connected left knee disability, residuals of meniscectomy. The highest possible rating under Diagnostic Code 5257 is 30 percent.

The Board has determined that new and material evidence has been presented to reopen the veteran's claim for service connection for degenerative joint disease of the left knee, claimed as secondary to a service-connected right knee. The appeal is granted on this basis.

The veteran's appeal is being remanded to the RO for additional development of his claims, including obtaining medical records and arranging for a VA examination.