Knee decisions — 2003

The veteran's service-connected right and left knee disabilities are currently rated at 20 percent each, with the right knee receiving a higher evaluation due to more severe symptoms.

The veteran's claim for special monthly pension at the housebound rate is denied as he does not meet the legal criteria for payment of such benefits.

The Board has determined that new and material evidence has been received to reopen the claim of entitlement to service connection for bilateral knee disability. The veteran now has radiographic evidence of osteoarthritis of the knees, which was not present at the time of the previous denial.

The veteran's appeal is being remanded due to inclement weather preventing him from attending his scheduled hearing. He will be rescheduled for a Travel Board Hearing.

The Board has determined that the veteran's left knee disability, characterized by instability and subluxation, warrants a 20 percent evaluation.

The Board found that the veteran's right knee disability warranted a compensable rating of 20 percent based on moderate impairment, considering his symptoms including frequent episodes of pain and instability.

The Board has granted an increased rating of 30 percent for traumatic arthritis of the right knee, effective from the date of the May 1996 rating decision.

The Board of Veterans' Appeals has determined that the veteran's current bilateral knee condition, including patella tendonitis and post-operative residuals of right knee surgery, is not related to his military service. As such, the claim for service connection is denied.

The Board found that the veteran's left knee disorder was not incurred in or aggravated by service and arthritis may not be presumed to have been incurred in service.

The Board has granted an earlier effective date of November 17, 1997 for the grant of service connection for the right knee disability. The veteran's claim for a higher rating for major depression is still pending.

The Board has denied the veteran's claims for increased ratings for his service-connected right and left knee disabilities, finding that the evidence does not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board has determined that the veteran's service-connected left knee disability warrants an initial evaluation of 20 percent, based on his symptoms and physical findings.

The veteran's service-connected disabilities do not meet the threshold requirements for eligibility for financial assistance in purchasing an automobile and adaptive equipment, or for adaptive equipment only. The appeal is denied.

The Board denied the veteran's claims for service connection for degenerative arthritis of the interphalangeal joints, knees, and ankles secondary to his service-connected rheumatoid arthritis and an initial compensable evaluation for rheumatoid arthritis. The Board found that there was no evidence of a direct relationship between the veteran's service-connected rheumatoid arthritis and his current osteoarthritis.

The Board denied the veteran's claims for increased ratings for his right knee and ankle disabilities, as well as a claim for a compensable rating for his left shoulder injury. The RO had provided all required notice and obtained all relevant evidence necessary for equitable disposition of the appeal.

The Board has denied the veteran's claims of entitlement to service connection for a right knee disorder and a lung disorder. The decision on the right knee claim is final, as no new and material evidence was submitted since the previous denial in December 1994.

The Board has granted service connection for post-traumatic osteoarthritis of the right knee, right clavicle, and cervical spine based on the presumption applicable in the case of former POWs.

The Board denied the veteran's claim for service connection for degenerative joint disease of the spine, knees, and feet, finding that there was no evidence linking these conditions to his military service.

The Board has determined that new and material evidence has been submitted to reopen claims for service connection for a lower back/tailbone injury, but not for shoulder arthritis or sinus disorder. The claim for the tailbone/low back injury will be further evaluated.