Knee decisions — 2002

The Board has determined that there is no new and material evidence to reopen the veteran's claims for service connection for various conditions, including back injury, left knee injury, rhinitis, pharyngitis, neck injury, and ear disorder. The appeal is denied.

The veteran's right and left knee patellofemoral syndromes were rated at 10 percent from February 1, 1995, to June 20, 2000. From June 20, 2000, the ratings increased to 30 percent for each knee. The duodenal ulcer was rated as 10 percent disabling since February 1, 1995. Right and left ulnar neuropathies were both rated at 10 percent.

The VA determined that the appellant's right knee degenerative joint disease, post-medial meniscectomy, is currently manifested by no more than extension limited to 5 degrees and periarticular pathology with occasional painful motion. The current evaluation of 10 percent aligns with these findings.

The Board denied the veteran's claims for service connection for patellofemoral pain syndrome of the right knee and bilateral shin splints, finding no current disability or evidence of in-service injury.

The veteran's appeal is being remanded due to the need for further development and consideration of his claims, including service connection for pes planus and increased evaluation for left knee disabilities.

The Board denied service connection for a back disorder and granted a 10% rating for osteochondroma of the left knee. The fungal infection of the neck, shoulders, and chest was not granted an increased rating.

The VA denied increased ratings for the veteran's left femur fracture and low back disability, but granted service connection for a psychiatric disability with a noncompensable evaluation.

The Board has granted an initial noncompensable evaluation for each of the veteran's service-connected disabilities, including right knee disability, left knee disability, tendonitis of the right rotator cuff, chronic bronchitis, and PTSD. The RO also assigned a 50 percent evaluation for PTSD.

The VA denied an increased rating for right knee instability and service connection for left knee disability.

The Board finds that the veteran's right knee disability was initially clinically manifested in service and grants service connection for a variously diagnosed right knee disability.

The Board denied increased ratings for the veteran's service-connected right knee disorder and psychogenic pain disorder, finding that neither condition warranted a rating higher than the current assigned ratings.

The Board has determined that the veteran's service-connected patellofemoral syndrome of the right knee and left knee do not warrant a compensable rating, as they are manifested by pain but no functional limitation or instability. The scoliosis of the thoracic spine with neck pain is also not supported by evidence showing more than normal symptoms.

The veteran's bilateral knee arthritis is not productive of limitation of motion, and he does not meet the criteria for a higher initial rating.,From February 1992 to May 1, 1996, the veteran's right knee disorder was symptomatic but did not meet the criteria for a compensable evaluation. From May 1, 1996 onwards, his right knee disorder is not productive of any symptoms and does not warrant a higher rating.,From February 1992 to April 1996, the veteran's left knee disorder was symptomatic but did not meet the criteria for a compensable evaluation. From April 1996 to August 1999, his left knee disorder met the criteria for a 20 percent rating. After August 1999, his left knee disorder does not warrant a higher rating.,The veteran's service connection is based on direct evidence of impairment rather than any presumption or secondary condition.

The Board denied increased ratings for the veteran's right knee disability and left Achilles repair, finding that his conditions did not warrant a higher rating based on current clinical evidence.

The Board denied a request for an earlier effective date of September 21, 1995 for a 20 percent rating for residuals of internal derangement of the right knee. The veteran's claim was filed within one year of this decision.

The Board has determined that the veteran's low back disability, chronic sinusitis, hemorrhoids, varicose veins, pseudofolliculitis barbae, and bilateral knee disorder are all service-connected. A compensable evaluation of 10% is granted for macular degeneration and retinal tear of the left eye.

The veteran's left knee disability, currently rated at 10 percent disabling, does not meet the criteria for a higher rating based on limitation of motion or instability. The current evaluation adequately compensates his level of disability.

The Board has remanded the case for further development, including obtaining relevant medical records and arranging for VA examinations to determine the nature and etiology of any knee disability and hearing loss. The claims will be reconsidered based on the additional evidence.

The Board has determined that the veteran's right knee disability, currently evaluated as 10 percent disabling under Diagnostic Code 5259, does not warrant an evaluation in excess of this rating.

The veteran's claims for increased ratings for sensorineural hearing loss and left knee arthrotomy with arthritic changes were denied due to his failure to report for scheduled VA examinations.