Knee decisions — 2002

The Board has determined that the veteran was not unable to secure or follow a substantially gainful occupation prior to July 12, 1999 and therefore denied an earlier effective date for her TDIU.

The Board denied the veteran's claims for increased evaluations and service connection, finding no evidence of a left hip disorder or right shoulder/hip disorders related to his active duty service. The right knee condition was found to be productive of mild impairment with degenerative joint disease.

The VA determined that the veteran's left knee disability, which resulted from a previous ACL reconstruction surgery, does not warrant a rating higher than 20 percent due to moderate recurrent subluxation or lateral instability.

The Board found that the veteran's current left knee disability, other than his service-connected left knee scar, was incurred in service and granted service connection for this condition.

The Board has restored the veteran's disability evaluation for his left knee injury from 20 percent to 30 percent, effective April 1, 1997.

The Board has determined that the veteran's service-connected left and right knee disabilities do not warrant a disability evaluation in excess of 10 percent.

The Board granted a 40 percent evaluation for the veteran's left knee injury residuals as of March 1, 2000. The issue of service connection for arthritis of hands and chronic pulmonary disorder is deferred pending further development.

The Board found that the veteran's hypertension and right knee disability are service-connected, while his right hip disorder is not. The hypertension was determined to be related to active service, but the right hip disorder does not appear to have a direct link.

The Board denied the veteran's claims for initial compensable evaluations for her left knee patellofemoral pain syndrome, bilateral shin splints, left ovarian cyst and uterine leiomyomata, and allergic rhinitis.

The veteran's service-connected knee and back conditions have been granted increased ratings, effective March 17, 1998. Service connection for cholecystectomy has also been established.

The Board denied reopening of the veteran's claims for service connection for left and right knee disabilities, as well as an acquired psychiatric disorder. The evidence submitted was not considered new and material.

The veteran's service-connected left knee, cervical spine arthritis, and degenerative joint disease of the lumbar spine are all rated at their maximum levels. The veteran is also granted a TDIU based on his service-connected disabilities.

The Board denied service connection for the veteran's heart disability, duodenal ulcer, lung disability (spot on lung), right hip disability, bilateral knee disability, and bilateral foot disability. The headaches were also not granted as service-connected.

The veteran's appeal was denied for multiple conditions, including service connection claims and rating increases.

The Board has determined that the veteran's service-connected left knee disability manifested by instability warranted a 10 percent rating prior to April 30, 2001, and a 20 percent rating from April 30, 2001. The initial rating for arthritis of the left knee was granted at 10 percent effective July 7, 1995.

The veteran withdrew his appeal regarding the increased evaluation for his left knee disability, which was currently rated at 20 percent.

The Board has remanded the case to the RO for further development of the record, including obtaining a social and industrial survey report and copies of treatment records. The veteran's right knee disability will be considered for an extra-schedular evaluation and TDIU benefits.

The VA has determined that the veteran's left knee disability, which includes post-operative meniscectomy and traumatic arthritis, is currently rated at 20 percent. The Board finds no evidence of subluxation or lateral instability to justify a higher rating.

The veteran's nonservice-connected disabilities, including internal derangement of the right knee, hiatal hernia with minimal esophageal reflux, tear of the left medial meniscus, chronic fatigue syndrome, tinnitus, and varicosities of the left lower leg, are considered productive of total disability as of September 17, 2001.

The Board has denied the veteran's claims for service connection for right knee, right hip, and low back disabilities as secondary to his service-connected right ankle strain with arthritis due to a lack of medical evidence linking these conditions to his service-connected disability.