Knee decisions — 2002

The Board has determined that the veteran's claims for service connection for a low back disorder and bilateral knee disability have been denied. The evidence submitted since the last denial does not provide new and material evidence to reopen the claim for a low back disorder, and the knee disability is not related to active service.

The Board found that the veteran's knee disorder was not incurred in or aggravated by service and denied his claim.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal prior to the promulgation of a decision.

The Board has determined that the veteran's left and right knee disabilities do not warrant a rating in excess of 10 percent, as they are characterized by mild impairment of function.

The Board denied an increased rating for the veteran's left knee disability, currently evaluated as 10 percent disabling.

The Board has denied the veteran's claims to reopen his service connection claims for right knee disorder and right epididymitis, finding no new and material evidence.

The Board denied the veteran's claim for an increased evaluation of his left knee disability, postoperative degenerative arthritis, currently rated at 10 percent.

The veteran's left knee disability is rated at 30 percent effective June 23, 2000. The right knee degenerative chondritis remains at a 10 percent rating.

The Board has determined that there is no competent evidence of a current chest pain disability, low back disorder, or bilateral knee disability due to disease or injury. Therefore, service connection for these conditions cannot be granted.

The Board found no clear and unmistakable evidence of a pre-existing left knee defect, infirmity, or disorder prior to service. The veteran's current diagnosis is meniscus injury with medial meniscectomy and residual chondromalacia and arthritis, not related to service.

The Board denied increased evaluations for the veteran's right knee disabilities, finding that his conditions did not warrant ratings higher than 20 percent and 10 percent respectively.

The Board denied a rating in excess of 10 percent for the veteran's service-connected left knee disability, finding that the current limitation of motion and daily pain in the knee are adequately reflected by the existing 10 percent rating.

The veteran's service-connected musculoskeletal disabilities are sufficiently severe to preclude him from securing or following a substantially gainful occupation, warranting the grant of TDIU.

The Board has determined that new and material evidence has not been submitted to reopen the claim of entitlement to service connection for a left knee disability.

The veteran's claims for service connection and reopening of his right knee disorder claim are being remanded to the RO for further action.

The Board finds that the veteran's right knee disorder is proximately due to or the result of his service-connected low back, left knee, and right ankle disorders. The criteria for a rating in excess of 20 percent for the veteran's service-connected left knee medial meniscectomy are not met. The criteria for a separate compensable rating for a post-surgical left knee scar are not met. The criteria for a rating of 20 percent for the veteran's service-connected residuals of a right ankle fibula fracture are met.

The veteran's appeal is being remanded for a hearing before the Board of Veterans' Appeals. The case will be processed in accordance with the usual procedures following such hearings.

The Board denied service connection for residuals of a left shoulder injury and an increased rating for a shell fragment wound scar of the left knee. The veteran's shell fragment wound scar was found to be a residual of a shell fragment wound sustained in service, but his other claimed conditions were not related to military service.

The veteran's appeal has been dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this claim.

The Board denied the veteran's claim for an increased rating for his service-connected left knee disability, currently rated at 10 percent. The evidence did not support a higher rating.