Knee decisions — 2003

The veteran's arthritis of the hands and knees was not shown to be incurred in or aggravated by his active military service, including his prisoner of war experience. The Board finds that the preponderance of evidence is against the claim.

The veteran's left knee disability is currently rated at 20 percent, and the Board has determined that a higher rating is not warranted.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claims of entitlement to service connection for a left knee disorder. The veteran's contentions regarding his left knee disorder have been considered, but they do not constitute new and significant evidence.

The Board denied the veteran's claims for service connection for a left knee disorder and right foot and ankle disorders, as well as his request for a higher rating for dorsal spine disorder. The decision also granted service connection for degenerative changes of the right foot and residuals of a right ankle injury.

The Board has denied the veteran's claims for increased ratings for his service-connected residuals of a fracture of the left distal tibia, right shoulder acromioclavicular joint disability, and right knee scar. The TDIU rating claim is also denied.

The Board has denied the veteran's claims for service connection for a cervical spine disorder and a left knee disorder, finding that there is no evidence to support these claims. The Board concluded that the preponderance of the evidence does not support the veteran's contention that his current cervical spine or left knee disorders are related to his military service.

The veteran's right knee disability, which is currently rated at 20 percent disabling under Diagnostic Code 5257 for slight knee impairment manifested by recurrent subluxation or lateral instability, does not meet the criteria for an evaluation in excess of 20 percent.

The Board has granted a 40 percent rating for the veteran's service-connected left knee disability, effective February 20, 2003. The earlier effective date claim was denied.

The Board found that the October 1993 administrative decision was not clearly and unmistakably erroneous, as there were no errors in fact or law that would have changed the outcome.

The Board has granted a 20 percent evaluation for degenerative changes in the right knee and a 20 percent evaluation for residuals of fracture with traumatic arthritis, right ankle. These evaluations are effective from July 23, 1997.

The Board found that the veteran's left knee disorder is not proximately due to or the result of his service-connected left hip disability.

The veteran's claims for service connection for right knee, left knee, and right foot/ankle disabilities are denied. The claim for headaches is not addressed as it was established but not found to be related to service. Service connection for left ear hearing loss is granted with a non-compensable evaluation.

The veteran's claims for increased ratings were denied as his conditions did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Board denied service connection for bilateral knee disorder and eye disorder (blurred vision) due to mechanical/aging processes, while granting service connection for fibromyalgia.

The Board has determined that the veteran's right knee disability, which includes a Baker's cyst and chondromalacia, does not warrant a compensable evaluation at any time since September 1, 1996.

The Board has granted an increased evaluation to 20 percent for internal derangement of the left knee, which is the highest rating available under VA's rating schedule.

The Board denied the veteran's claim for a temporary total rating under 38 C.F.R. § 4.30 for a period of convalescence following right knee surgery in April 1998, as there was no evidence of continued convalescence beyond one year from the initial surgery.

The Board has granted service connection for a left knee disability as secondary to the veteran's service-connected right knee degenerative changes. The rating for the right knee disability is increased to 30 percent.

The veteran's service-connected degenerative changes of the lumbar spine and left knee disability are now effective from April 24, 1987.

The Board has determined that the veteran's left knee disorder is a result of his service-connected right knee disability and grants service connection for this condition on a secondary basis.