Knee Board decisions

The Board has jurisdiction over issues related to the evaluations for lumbar myositis, dorsal spine myositis and degenerative joint disease, right knee disability, and left knee disability. The evaluation of these conditions is mixed, with some granted and others not.

The Board has granted a rating of 20 percent for the veteran's service-connected degenerative joint disease of the right knee, effective June 7, 2000.

The Board has determined that the veteran's left knee disability, which is currently evaluated at 30 percent due to ankylosis of the knee post-surgery and fusion, does not warrant a higher evaluation as her condition meets the criteria for a 30 percent rating based on ankylosis in full extension. The shortening of her leg does not meet the criteria for a compensable evaluation under Diagnostic Code 5275.

The Board found no evidence of a bilateral knee disorder or degenerative joint disease of the jaw, cervical spine, lumbar spine, and shoulders that was incurred in service. The veteran's current conditions are not considered to be related to his military service.

The veteran's postoperative residuals of the right knee were not incurred in or aggravated by active service. The total temporary rating for convalescence due to treatment of a service-connected disability has been denied as there is no evidence that the surgery was related to a service-connected condition. Initial compensable evaluations for chondromalacia patella of both knees have also been denied.

The veteran's claims for increased ratings for his service-connected right elbow fracture, right shoulder rotator cuff tear (post-arthroscopy), and left knee chondromalacia were denied. The RO granted noncompensable evaluations for the left knee disability from October 1, 1994 to September 30, 1999.

The Board has determined that the veteran's right knee disorder is not service-connected, as there was no evidence of a chronic disease during or within one year after service. The claim is denied.

The Board has granted increased ratings for the service-connected disabilities, including a maximum schedular rating of 50 percent for Muscle Group XVII injury and a separate 10 percent rating for traumatic arthritis of the lumbar spine. The effective dates for these compensable ratings are set at March 22, 1996.

The Board denied the veteran's claims for increased ratings and service connection, finding no current disability or evidence of left facial weakness. The patellar subluxation of both knees is rated at 10 percent each, while the traumatic arthritis of the right knee remains at a 10 percent rating.

The Board has determined that the veteran's right knee disability, which includes a history of arthrotomy and medial meniscectomy during service, does not warrant an initial compensable rating since July 5, 1995.

The Board denied service connection for residuals of asbestos exposure and chemical exposure, as well as the initial compensable evaluation for degenerative joint disease of the right knee. The veteran's current disabilities are not considered to be related to his military service.

The Board denied the veteran's claims for service connection of a right knee condition and an increased rating for his degenerative changes of the thoracic spine, finding that there was no evidence to support these claims.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for residuals of right knee injury. The merits of this claim will be addressed in a later decision.

The Board has determined that the veteran incurred right knee patellar tendinitis in service and granted service connection for this condition.

The Board found that a chronic right knee disorder was not incurred in service and arthritis of the right knee could not be presumed to have been incurred due to exposure during service. The veteran's current right knee disorder did not develop as a result of any incident during service.

The Board denied the veteran's claims for service connection for a chronic right knee disability and bilateral hearing loss, finding no competent evidence linking these conditions to his active military service.

The Board has remanded the issues for further development and evaluation.

The Board denied the veteran's request for an earlier effective date of January 3, 1996 for his grant of total disability evaluation based on individual unemployability (TDIU) due to service-connected left knee and chronic brain syndrome.

The veteran's bilateral knee disabilities, including laxity and arthritis of both knees, are rated at 20% each. The TDIU claim is denied as the disability does not meet the criteria for a total rating based on individual unemployability.

The Board has granted service connection for the veteran's right knee disability as secondary to his service-connected left knee disability. The initial evaluation for post-operative left knee disability is set at 10 percent.