Knee decisions — 2003

The Board found that the veteran's left knee disability, as manifested by pain and limited extension to 5 degrees and flexion to 120 degrees, did not meet the criteria for a compensable evaluation under VA rating criteria.

The Board denied the veteran's claims for increased ratings for his right elbow, right knee, and right wrist conditions as they did not meet the criteria for a higher rating under VA regulations.

The veteran's knee disabilities are rated at 10 percent each, with a combined rating of 20 percent. The RO has granted the requested higher ratings for his left and right knees.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal.

The veteran's right knee was rated 30 percent disabling from July 19, 1998, to August 26, 1998, and a separate 10 percent rating for degenerative arthritis of the right knee was granted since November 1, 1998.,The veteran's initial ratings were increased based on his service-connected right knee disability.

The Board has denied the veteran's claims for service connection for right and left knee disorders, as well as plantar fasciitis of both feet. The evidence does not support a finding that any current conditions are related to military service.

The Board denied the veteran's claims for service connection for a left knee condition and a skin condition, finding no current evidence of these conditions.

The Board denied the veteran's claims for service connection and higher ratings, finding no current evidence of left knee or pneumonia disabilities. The claim for a rating in excess of 20 percent for residuals of gunshot wound to the chest/abdomen with residual pain was granted but not increased further.

The Board denied the veteran's claim to reopen his service connection for a left knee disorder, finding that no new and material evidence had been submitted.

The Board found that the veteran's sinusitis and allergic rhinitis, patellofemoral pain syndrome of the right knee, and patellofemoral pain syndrome of the left knee (status post arthroscopic surgery) do not warrant a rating in excess of 10 percent. The evidence did not meet the criteria for higher ratings under the applicable VA Rating Schedule.

The veteran is seeking to reopen his claim for service connection of bilateral knee disability. The RO has determined that new and material evidence has not been submitted since a final VA determination in February 1972 which denied the original claim. The veteran also contends there was CUE in this decision, but the issue of whether there is CUE is intertwined with the issue of whether new and material evidence has been submitted.

The Board denied the veteran's claim for an increased initial evaluation for residuals of a fracture of the left knee, currently evaluated as 10 percent disabling.

The veteran withdrew his appeal except for the issue of a rating increase for his service-connected left knee disability. The RO has not provided the veteran with a statement of the case on this issue.

The veteran's service-connected left ankle sprain, right ankle strain, and left knee strain are each rated at 10 percent. The veteran is not entitled to higher initial evaluations for these conditions.

The Board found that the veteran's below-the-knee amputation was not caused by VA negligence or fault, and thus compensation under 38 U.S.C.A. § 1151 is denied.

The Board has determined that the appellant does not meet the criteria for service connection of PTSD due to lack of combat involvement and inability to provide specific stressor events. The left meniscectomy residuals are rated at 30 percent based on moderate instability.

The Board has granted a noncompensable disability rating for the appellant's service-connected residuals of a laceration of the right knee, effective from February 17, 1999. The RO then increased this evaluation to 10 percent disabling as of October 2, 2001.

The Board of Veterans' Appeals has determined that the veteran does not have a low back disorder or left knee disorder due to military service and therefore denied both claims.

The Board denied secondary service connection for bilateral hip and knee disorders, but granted increased ratings of 20% each for right foot hallux varus with digit contraction and left foot hallux abducto-valgus with digit contraction.