Knee decisions — 2005

The veteran's service-connected disabilities, including bilateral hearing loss, tinnitus, left and right knee arthritis, and anxiety reaction, are found to be so severe that they prevent the veteran from securing or following a substantially gainful occupation.

The Board has remanded the case for further development due to the need for examinations and additional records.

The Board denied the veteran's request to reopen his previously denied claim of entitlement to service connection for a left knee disability and also denied his claim of entitlement to service connection for a gastrointestinal disability.

The veteran's claims for increased ratings were denied. The left knee disability was not productive of subluxation, instability, locking or effusion to the joint prior to April 24, 2003. The back injury resulted in a compression fracture at L1 and degenerative changes of the lumbar spine with severe limitation of motion.

The Board denied an evaluation in excess of 60 percent for the veteran's service-connected left knee disability from May 3, 1999.

The Board denied reopening the claims for service connection for internal derangement of the right knee joint and degenerative joint disease of the right hip, finding no new and material evidence. The claim for status post right inguinal hernia was also denied as there is no evidence linking the condition to military service.

The Board has granted a 10 percent rating for the veteran's service-connected degenerative joint disease of the right knee and assigned a separate 10 percent rating for mild laxity, posterior cruciate ligament, right knee. The veteran does not meet the criteria for an increased rating under Diagnostic Codes 5260 or 5261.

The Board denied the veteran's claim for an increased evaluation for his left knee arthritis, status post meniscectomy due to his failure to report for a scheduled VA examination.

The Board denied the veteran's claims for service connection for residuals of a right knee injury and an initial rating in excess of 60 percent for asbestosis. The claim for service connection was denied due to lack of competent evidence linking any current disability to military service, while the claim for increased rating for asbestosis was denied based on the existing rating already assigned.

The Board denied the veteran's claims for increased ratings for right ear hearing loss, disability of the right knee manifested by instability, and right knee arthritis. The RO continued to deny these claims based on the evidence provided.

The veteran's claim for service connection for residuals of a left knee injury was denied due to his failure to report for a scheduled VA examination.

The Board denied the veteran's claim for an earlier effective date of July 30, 1985 for service connection of a left knee disability due to lack of new and material evidence.

The veteran's claims for increased ratings were granted, with the right knee receiving a 100% rating effective from November 21, 2003, and a noncompensable rating from January 1, 2004. The low back received a 40% rating prior to September 23, 2002, and a 10% rating for intervertebral disc syndrome-related lower extremity neuropathy starting from September 23, 2002.

The Board denied the veteran's claims of service connection for a right ankle disorder, PTSD, and left knee disorder. The decision also noted that the denial of his claim for residuals of a left arm injury in 1968 was based on no residual chronic disability found at separation examination.

The VA has determined that the veteran's service-connected right and left knee disorders do not warrant an increased rating as they are currently evaluated at 10 percent for each knee, with no evidence of limitation of motion or functional loss.

The Board denied the veteran's claims for a higher rating for PTSD, service connection for bilateral knee disability, and reopening of his claim for atopic dermatitis as a result of Agent Orange exposure.

The Board found that the veteran's lumbar strain did not meet or approximate the criteria for a rating in excess of 20 percent. The right knee disability was rated under Diagnostic Codes 5262 and 5257, with no indication of arthritis being considered separately.

The Board has granted service connection for latex allergy/sensitivity and denied increased disability ratings for hypertension, sinusitis, right knee chondromalacia, and left knee chondromalacia. The veteran's hypertension does not meet the criteria for a compensable rating under Diagnostic Code 7101.

The veteran's left knee traumatic arthritis and lateral tibial plateau fracture with traumatic arthritis are currently rated at 20 percent disabling. The instability of the left knee is also considered, but no compensable evaluation has been granted.

The veteran is seeking compensation under 38 U.S.C.A. § 1151 for a left below the knee amputation due to complications from an infection during his VA hospitalization in June and July 2001. The case is remanded to obtain additional medical records and determine if proper care was provided at the VA facility.