Knee decisions — 2003

The Board has denied the veteran's claims for service connection for conjunctivitis, a left knee disorder, swollen joints, bronchitis, bilateral hearing loss, and tinnitus as there is no competent evidence of current disabilities or a link to service.

The Board has determined that the veteran's right and left knee disabilities do not warrant a rating in excess of their current evaluations, as they do not meet the criteria for higher ratings under applicable diagnostic codes.

The Board found that the veteran's PTSD and right knee sprain do not meet or approximate the criteria for a higher evaluation, with the current ratings of 30 percent for PTSD and noncompensable for right knee sprain being maintained.

The Board has determined that the veteran's service-connected residuals of torn cartilage in the left knee warrant a 20 percent evaluation, based on limitation of motion.

The Board has determined that the evidence received since the January 1969 rating decision is not new and material, thus denying the veteran's attempts to reopen his claims for service connection for right knee disability and skin disability (including pruritus ani).

The Board denied the appellant's claims for increased disability ratings in various conditions, finding that none of the conditions warranted a higher rating based on the evidence provided.

The Board has determined that the veteran's service-connected disabilities do not render him unemployable, as his combined rating is less than 70 percent and he can perform activities required for sedentary employment.

The Board has granted a separate 10% disability rating for the service-connected gunshot wound to the left leg, Muscle Group XIV. The veteran's left knee DJD is separately evaluated as part of his service-connected condition.

The veteran's service-connected right shoulder disability warrants a 20 percent rating from June 1, 1996 through April 1, 1997. From June 1, 1997, the criteria for a greater initial rating are not met. The veteran's avascular necrosis of the hips is rated as 10 percent disabling since June 1, 1996. Patellofemoral syndrome and tinea versicolor do not warrant compensable ratings.

The Board denied the veteran's claims for effective dates prior to September 21, 1999 for his service-connected degenerative joint disease of the right and left knees.

The Board denied an increased rating for the veteran's right knee disability, finding that the evidence did not support a higher rating based on instability or arthritis. The current 10 percent rating is upheld.

The veteran's claim for an increased rating higher than 60 percent for his service-connected right knee disability was denied. The RO assigned a 60 percent rating, effective from January 29, 1998 through November 27, 2000 and on and after March 1, 2002.

The veteran's claim for special monthly pension based on the need for regular aid and attendance or at the housebound rate is denied as he does not meet the criteria for either benefit.

The veteran's claims for higher evaluations of his service-connected heart condition, frostbite of the hands and feet, hiatal hernia with acid reflux, bilateral knee strain, left shoulder strain, and frostbite of the feet have all been denied. The initial evaluation for status post myocardial infarction with coronary artery angioplasty and stent placement remains at 30 percent.

The Board has denied the veteran's claims for service connection for a skin disorder, left knee disorder, residuals of a laceration to the right hand, and broken teeth. The evidence does not support finding chronic conditions in service or continuity of symptomatology after service.

The Board found that the veteran's left knee disorder and degenerative joint disease did not warrant evaluations greater than 20 percent or 10 percent, respectively, for any period since July 12, 1991.

The Board denied an earlier effective date for a total rating based on individual unemployability due to service-connected disabilities, finding that the claim was received in December 8, 1993 and no prior informal claim existed within one year prior.

The Board finds that the appellant does not have a diagnosed right knee, left knee, or right ankle disability and thus cannot establish service connection for these conditions.

The Board denied service connection for PTSD, skin disorder, genitourinary disorder, bilateral knee disability, and tinnitus. The claim of reopening a seizure disorder was also denied.

The Board has determined that the veteran's appeal for an extension of a temporary total evaluation beyond September 30, 2000 is denied as he did not timely file a substantive appeal and his claim does not meet the criteria for such extension.