Knee decisions — 2003

The Board of Veterans' Appeals has determined that the veteran does not have progressive arthritis of the shoulders, hips, knees and ankles, nor is any such disability related to an incident of service or a service-connected condition.

The Board has determined that the veteran's current left knee disability is a result of an injury sustained during service, and thus grants service connection for this condition.

The Board has remanded the cases for further development, including scheduling a Travel Board hearing at the RO. The veteran's claims for increased evaluation of right ear hearing loss and reopening of left knee and low back disability claims are pending.

The Board has reopened claims for service connection for a right knee disorder, back injury residuals, and headaches. The claim for residuals of injury to the lower right ribs remains closed as no new and material evidence was submitted.

The Board found that the evidence did not support a rating in excess of 10 percent for the veteran's post-operative residuals of a medial meniscectomy of the right knee, as it does not more nearly approximate moderate recurrent subluxation or lateral instability.

The veteran's claims for increased ratings and the propriety of initial ratings have been denied. The RO has assigned a 10 percent evaluation for traumatic arthritis of the left knee, but denied an increase in rating for right knee disability.

The veteran's right knee disability is currently rated as noncompensable due to the absence of any functional impairment or limitation. The Board finds that a compensable rating is not warranted.

The Board denied the veteran's claims for service connection for right knee disorder, neck stiffness, left-sided buttock pain, and right groin pain as these conditions were not incurred in or aggravated by active duty service.

The Board has determined that the veteran's current level of disability, characterized by pain, degenerative changes, some slight limitation of motion, and some instability, does not warrant a higher rating than the currently assigned 20% evaluation for internal derangement. A separate 10% evaluation is granted for arthritis.

The Board found no evidence connecting the current right knee disability to service and denied the claim for service connection.

The Board has granted service connection for a right knee disorder and assigned a 30 percent initial rating for the left knee disability. The decision also found that the veteran's pre-existing right knee disorder was aggravated by his service-connected left knee disability.

The Board found that the veteran's multiple joint pain due to an undiagnosed illness did not meet the criteria for a higher evaluation than 20 percent.

The Board found no evidence that the veteran's current left knee disorder is related to his military service, and thus denied his claim for service connection.

The veteran's service-connected right knee disability is rated at 10 percent. The Board denied a higher rating for this condition. Service connection was granted for the left shoulder disorder, but not for the right hip disorder.

The Board found that the initial evaluations for the veteran's right ankle and bilateral knee/shoulder conditions were proper, with no evidence of marked limitation or ankylosis. The veteran was granted separate 10 percent ratings for these conditions effective December 2, 1995.

The Board has determined that the veteran's right knee disability and low back disability do not warrant increased ratings beyond the current 20 percent evaluations.

The Board found that the veteran's left knee disorder was not incurred in or aggravated by service, and is not related to his service-connected right knee disorder. Therefore, the claim for service connection was denied.

The Board denied the veteran's request to restore a previously assigned 60 percent disability rating for his right total knee replacement, finding that the reduction from 60 percent to 30 percent was proper.

The Board has reopened the veteran's claim of entitlement to service connection for bilateral hearing loss and right ear disorder due to new evidence submitted since the last denial. The claims for a bilateral shoulder disability, back disorder, left knee disability, residuals of Agent Orange exposure, and dental condition are all pending.

The Board denied the veteran's claims for service connection for right and left knee disorders, finding that there is no evidence of a nexus between current knee problems and service.