Knee decisions — 2002

The Board has determined that new and material evidence has been submitted to reopen the veteran's claims for service connection for left and right knee disorders, thus granting these claims.

The Board found no competent medical evidence linking the amputations of the lower extremities to the service-connected inactive pulmonary tuberculosis. The veteran's claim for secondary service connection was denied.

The Board has determined that the veteran's arthritis of the left knee was incurred during active service and grants the claim.

The Board found no evidence of a right knee disorder during service and denied the veteran's claim for service connection as his current condition is not related to an injury or disease incurred in service.

The Board has determined that the appellant's low back strain, right ankle sprains, and chronic sinusitis are service-connected. However, there is no evidence of a current right knee disorder or defective hearing related to military service.

The Board denied the veteran's claims for service connection of a right knee disorder as secondary to his service-connected gunshot wound residuals and denied an increased rating for bilateral hearing loss.

The Board has determined that the veteran's fracture of the transverse process L3, L4, L5 with degenerative changes L4-S1 warrants a 50 percent evaluation, and his arthritis of the left knee warrants a 10 percent evaluation.

The Board denied the veteran's claim for service connection for a right knee disability, finding that there was no evidence linking his current condition to his military service.

The Board has granted increased evaluations for the veteran's service-connected conditions, including a total left knee replacement and impairment of Muscle Group XIV. The lumbar spine condition remains at its current evaluation.

The veteran's right knee disability, including his residuals from the medial meniscectomy and ACL reconstructive surgery, is rated at 20 percent for instability. His degenerative joint disease of the right knee is currently rated at 10 percent. The Board denied both claims as there was no evidence to support higher ratings.

The VA denied an increased rating for the veteran's right knee disorder, finding that the manifestations of his condition were reflective of painful motion and functional loss due to pain.

The Board found that the veteran's tinnitus began during service and granted service connection for it. For his right knee disorder, the Board determined there was no evidence of a current disability at the time of the June 1996 rating decision, but granted service connection based on continuity of symptomatology from service to present. The initial rating for the right knee disorder prior to September 3, 1998, was granted as 10 percent disabling.

The veteran's claims for increased ratings were denied as the evidence did not show any more than slight impairment in his right knee and left metatarsal conditions.

The Board of Veterans' Appeals (Board) has determined that the veteran's left knee osteoarthritis was incurred as a result of active service and granted the claim for service connection.

The Board of Veterans' Appeals denied the veteran's claim for an increased rating for his hydrarthrosis of the left knee, finding that the medical evidence did not support a higher evaluation than the current 20 percent.

The Board found that the evidence submitted by the veteran since the RO's July 1972 decision is not new and material, as it does not provide competent medical evidence to show that his right knee disability was incurred or aggravated during service. As a result, the claim for reopening of the previously denied claim for service connection for right knee disability is denied.

The Board denied the veteran's claim for an effective date prior to January 25, 1971 for special monthly compensation under 38 U.S.C.A. § 1114(n) on account of anatomical loss of both lower extremities so near the hip as to prevent use of prosthetic appliances, finding that the April 16, 1969 rating decision was not clearly and unmistakably erroneous.

The Board has determined that there is no etiological relationship between the veteran's right hip, lumbar spine and bilateral hip disabilities with his service-connected left knee and left ankle disabilities.

The Board denied entitlement to a compensable disability rating for patellofemoral syndrome of the right and left knees.

The Board found no evidence of more than slight impairment from recurrent subluxation or lateral instability, and no limitation of motion that would warrant a higher rating. The veteran's right knee disability is currently evaluated as 10 percent disabling under DC 5257.