Knee decisions — 2003

The Board determined that new and material evidence had not been submitted to reopen previously denied claims of entitlement to service connection for arthritis of the hands, knees, and skin disorders of the body other than the head and feet. The veteran's claims were remanded multiple times for additional development, but continued to be denied.

The veteran's service-connected right knee disability, characterized by severe posttraumatic tricompartmental degenerative arthritis and moderate instability, warrants a separate 20 percent rating for instability. The left knee disability, with arthralgia but no instability or limitation of motion beyond what is already reflected in the current 10 percent rating, does not warrant an increased rating.

The veteran's service-connected disabilities, including PTSD and renal stones, do not prevent him from securing or following a substantially gainful occupation.

The Board has determined that the veteran's right knee disability, including internal derangement and arthritis, warrants a separate 10 percent evaluation for arthritis. The rating for internal derangement remains at 10 percent.

The Board denied the veteran's claims for service connection and increased evaluations for defective hearing in the right ear, arthritis of the knees, arthritis of the neck (cervical spine), residuals of left shoulder injury with degenerative arthritis of the glenohumeral joint, and nummular eczema.

The Board denied the veteran's claims for service connection for headaches and initial compensable ratings for patellofemoral syndrome of the right knee, left knee, and plantar fasciitis of the right foot due to a lack of competent medical evidence or opinion relating any current disabilities to service.

The Board has granted service connection for the residuals of the above-the-knee amputation, finding that it is proximately due to or the result of complications from the veteran's service-connected epilepsy. The claim for special monthly compensation on account of need for aid and attendance or by reason of being housebound will be addressed in a separate remand.

The veteran's vocational rehabilitation benefits were denied because she used the program to pursue a law degree, which was not approved as part of her original plan.

The Board has granted a 20 percent evaluation for each of the veteran's right and left knees, finding that his arthritis with significant crepitation and pain more nearly approximates a 20 percent rating.

The Board denied increased ratings for the veteran's left wrist and left knee disabilities, finding that the evidence did not support a higher rating based on limitation of motion or instability.

The Board has determined that the veteran's service-connected disabilities render him so helpless as to require regular aid and attendance, granting special monthly compensation based on this need.

The veteran's right knee disability is currently rated at 30 percent, the maximum under Diagnostic Code 5257 for severe impairment. The claim has been denied as there are no additional symptoms or conditions that warrant a higher rating.

The Board denied a higher initial rating for the service-connected left knee disorder, finding that there was no objective evidence of additional limitation of motion due to pain or other factors warranting a higher rating.

The Board has determined that the veteran's bilateral knee disability is related to his active service and granted entitlement to service connection.

The appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The Board found that the RO's August 12, 1971 rating decision denying service connection for the residuals of a left knee injury was not the product of clear and unmistakable error.

The veteran's service-connected bilateral knee disabilities do not render him unemployable, as his combined rating is 50 percent and he can perform sedentary-type work.

The veteran's appeal for increased ratings on his right knee, left knee, and left elbow disabilities has been dismissed due to the appellant's withdrawal of the appeal.

The Board denied the veteran's claims for service connection for a left below the knee amputation as secondary to his service-connected disability of an old fracture, left lower tibia and ankle with mal-alignment and eversion of foot, and also denied his claim for an increased evaluation for residuals of an old fracture, left lower tibia and ankle. The Board found that there was no reasonable possibility that the veteran's amputation was related to service or his service-connected disability.

The veteran's claim for an increased rating for his service-connected left knee disability, which is currently rated as 10 percent disabling under Diagnostic Code 5257, has been denied because the evidence does not show moderate recurrent subluxation or lateral instability.