Knee decisions — 2004

The Board denied an increased rating for the appellant's service-connected post-operative residuals of a right knee injury, finding that the current 20 percent rating adequately reflects his disability.

The veteran's right knee osteochondritis dissecans is currently rated at 30 percent, and the combined rating for all related disabilities does not exceed this level. Therefore, an evaluation in excess of 30 percent cannot be granted.

The VA determined that the appellant's left knee disability, which is currently rated at 30 percent disabling, does not warrant an increase in evaluation.

The Board has determined that new and material evidence has been received to reopen the veteran's claims for service connection on a secondary basis for low back and left knee disabilities. The claims are granted as both conditions were found to be proximately due to or the result of his service-connected right knee disability.

The Board has remanded the veteran's claims for increased ratings and service connection due to procedural issues, including a need for additional development.

The Board denied service connection for a right knee disability, PTSD, and residuals of blood poisoning. The veteran's claim for an increased rating for bilateral hearing loss was not addressed in this decision.

The Board has determined that the veteran's left knee disability, which is currently rated at 10 percent under Diagnostic Code 5013 (chondromalacia patella), does not warrant a higher rating as her symptoms do not meet or approximate the criteria for any of the other applicable diagnostic codes. The current evaluation adequately compensates her for her reported pain and functional limitations.

The Board found that the veteran's service-connected disabilities did not prevent him from engaging in substantially gainful employment prior to November 2, 1998. Therefore, an earlier effective date for a total compensation rating based on individual unemployability is denied.

The Board found no evidence of a current right knee disability or dizziness/blackouts and denied the veteran's claims for service connection.

The Board has reopened the veteran's claim and found that new evidence supports a relationship between his service-connected right knee disability and his left knee disability, granting service connection for the left knee disability as secondary to the right knee.

The Board has decided to remand the case for additional development due to missing service medical records and other relevant post-service treatment records.

The veteran's appeal is remanded due to the need for a comprehensive VA orthopedic examination and consideration of staged ratings based on Fenderson v. West, 12 Vet. App. 119 (1999).

The Board denied service connection for a left shoulder disorder, hysterectomy residuals, and left leg contusion. Service connection was granted for PTSD.,Service connection was not granted for bilateral knee disorder.

The VA denied increased evaluations for the veteran's right wrist fusion and left knee injury with traumatic arthritis, finding that the current ratings adequately reflect the severity of his conditions.

The veteran's left knee arthritis is found to be secondary to his service-connected right knee instability and meniscal tear. The right knee instability and arthritis are both granted increased evaluations.

The Board found that the veteran's right knee disability is not proximately due to, the result of, or aggravated by his service-connected left knee disabilities. The claim for service connection was denied.

The Board denied the veteran's claims for service connection for residuals of a pulled left leg muscle, right knee disability, and diabetes mellitus. The decision found that new evidence did not reopen the claim for residuals of a pulled left leg muscle, and that there was no evidence to support service connection for either right knee disability or diabetes mellitus.

The Board has denied the veteran's claims for service connection for right and left knee disabilities, as there is no evidence of current disabilities related to service.

The Board has reopened the claims for service connection for a low back disorder and a right knee condition, but denied them on their merits. The claim for hepatitis was not reopened.

The veteran's claim for an earlier effective date for the grant of service connection for right knee disability is denied as no valid claim was submitted prior to September 24, 2001.