Knee decisions — 2003

The Board finds that the veteran's service-connected disabilities did not cause or contribute substantially to his death. The preponderance of evidence does not support a finding that any of his service-connected conditions caused or contributed to his terminal cardiopulmonary arrest and myocardial infarction.

The Board has determined that the veteran's left knee disorder, which is currently rated at 30 percent disabling under Diagnostic Code 5261 (limitation of extension), does not warrant a higher rating based on limitation of motion or instability. The evidence shows that while there are some limitations in range of motion and pain, these do not meet the criteria for a higher evaluation.

The veteran's TR was granted effective May 3, 2000, due to his service-connected PTSD and other disabilities.

The veteran's service-connected right greater trochanteric bursitis and bilateral patellofemoral chondrosis were evaluated as noncompensable. The Board denied the claims for increased ratings, finding that the evidence did not support a compensable evaluation based on current functional impairment.

The Board has determined that the evidence submitted since the February 1981 decision is not new and material, thus denying the application to reopen a claim for service connection for a left knee disability.

The Board denied the veteran's claims for increased ratings for his right and left knee retropatellar syndromes, as well as his bilateral shoulder osteoarthritis. The RO had previously assigned a 10 percent rating to each condition.

The veteran's right knee disability, which includes arthritis and instability, is rated at 10 percent.

The Board found that the veteran did not submit a timely Substantive Appeal regarding her claims of entitlement to service connection for residuals of a left knee injury and right ring finger sprain. The claim was denied as untimely, but evidence submitted since the November 1997 rating decision is considered new and material, reopening the claim.

The VA denied the veteran's claims for increased evaluations for his right knee ligament instability and degenerative joint disease of the right knee, as the clinical evidence did not support ratings higher than the current 20 percent.

The Board denied service connection for low back pain and arthritis of the right knee due to lack of evidence showing these conditions were incurred or aggravated by military service.

The Board found that new and material evidence has been submitted to reopen the claim of service connection for a left knee disorder, but did not find sufficient evidence to grant service connection due to lack of aggravation during service.

The Board finds that the veteran did not file a timely substantive appeal regarding his claims for reopening service connection and increased evaluations, thus denying jurisdiction to consider these matters. The claim of entitlement to a right eye disability is denied as there is no evidence linking the current condition to military service.

The Board denied the veteran's claims for increased evaluations of his service-connected left knee disabilities and right knee disability, finding that the evidence did not support ratings in excess of 10 percent.

The Board has determined that the veteran's service-connected left knee disability warrants a 20 percent rating, effective from April 21, 1998.

The Board has determined that there is no evidence of a relationship between the veteran's bilateral knee disorder and military service, or with any service-connected disability. Similarly, there is no evidence of a relationship between the lumbar spine disorder and his military service. The claim for higher ratings for varicose veins prior to November 6, 2001, has also been denied.

The veteran's appeal was dismissed as he requested to withdraw his appeal prior to the promulgation of a decision by the Board.

The veteran's claims for service connection are being remanded due to the need for additional development, including obtaining missing service personnel records and VA examinations.

The Board denied the veteran's claims for an extension of a temporary total convalescent rating and a schedular evaluation in excess of 20 percent for his left knee disability, finding that he did not require additional convalescence past October 31, 1994 or that the surgery resulted in severe post-operative residuals.

The Board has granted service connection for a right knee disability but denied service connection for a right ankle disability.

The veteran's claim for an earlier effective date for TDIU was denied, but the RO granted a May 30, 1996 effective date after remand and additional development.