Knee decisions — 2003

The veteran's left knee disability was rated at 20 percent prior to March 9, 2001 for instability. The rating was reduced to 10 percent beginning from March 9, 2001. A separate 10 percent rating was granted for other residuals of the left knee injury including degenerative joint disease starting September 20, 1999. An extension of a temporary total disability rating based on need for convalescence through December 1994 is also granted.

The Board has denied the veteran's claims for service connection and higher evaluations for several conditions, including shortness of breath, chronic joint pain, arthritis of the right knee due to trauma, gastroesophageal reflux disease, degenerative changes of the lumbar spine, sleep apnea, and hemorrhoids.

The Board denied the veteran's claims for service connection for a right knee disability and did not reopen his previously denied claims for hearing loss, tinnitus, and residuals of a fractured jaw.

The veteran's left knee arthritis is found to be caused by his service-connected right knee disability, and thus granted as secondary service connection.

The Board has determined that the veteran's claim for an increased rating in excess of 20 percent for his service-connected right knee disorder is denied. The February 1996 reduction from a 40 to a 20 percent rating was not timely appealed, and the veteran does not meet the criteria for a higher rating based on his current range of motion.

The veteran's appeal is being remanded due to his inability to attend a scheduled hearing in Washington, DC. He now requests a videoconference hearing instead.

The Board has determined that the veteran's left knee disability warrants a 20 percent evaluation, reflecting impairment compatible with moderate recurrent subluxation or lateral instability.

The Board has remanded the veteran's claims for service connection for glaucoma and whether the June 1981 rating action denying service connection for arthritis of the knees was clearly and unmistakably erroneous due to insufficient notification and development.

The Board denied the veteran's claim for a noncompensable rating for patellofemoral pain of the left knee, finding that his disability did not meet the criteria for any compensable evaluation based on limitation of motion or arthritis.

The veteran's postoperative residuals of a left knee meniscectomy and arthroscopy were rated at 20 percent prior to September 29, 2000. His arthritis was also rated at 10 percent during the same period.

The Board denied the veteran's claims for increased ratings for his left knee disability and special monthly compensation based on need for regular aid and attendance or being housebound. The left knee condition is currently rated as 20 percent disabling.

The Board has determined that the veteran's tinnitus is service-connected, but his bilateral knee disorder is not.

The Board denied the veteran's claims for service connection for PTSD, respiratory disability, bleeding in the stomach, subdural hematoma, fatigue, headaches, and chronic disorders of the wrists, ankles, neck, elbows, and knees due to an undiagnosed illness. The denial is based on a lack of credible supporting evidence that the claimed stressors actually occurred.

The Board has granted a 10 percent rating for the veteran's service-connected right knee plica with chondromalacia, finding that it produces slight impairment.

The Board has determined that new and material evidence was submitted to reopen the claim for secondary service connection for a left knee disability. The Board also found that the veteran's current left knee disability is causally related to his service-connected back disability.

The Board has determined that the veteran's current right knee disability is likely due to an injury sustained during active service, and thus grants entitlement to service connection for this condition.

The Board has granted an increased rating of 10 percent for the veteran's service-connected left knee medial meniscectomy and a separate rating of 10 percent for arthritis of the left knee. The veteran does not have a bilateral eye condition attributable to military service or any other claimed conditions.

The Board has determined that the veteran's postoperative residuals of a right ACL repair warrant a 20 percent evaluation, effective from August 23, 1994, to March 3, 1999, and from May 1, 1999. Additionally, a separate 10 percent rating is assigned for degenerative arthritis of the right knee since October 22, 1998.

The Board has denied service connection for a bilateral ankle disorder due to lack of evidence showing current disability and no link to service. The claim for reopening the knee disorder was granted, but the Board found insufficient evidence to establish a current disability.

The Board found no evidence to support the veteran's claim for service connection for a right knee disability and denied his request for an increased rating for post-operative residuals of a left inguinal hernia with recurrent left varicocele.