Knee Board decisions

The Board has determined that the veteran is entitled to a rating of 30 percent for degenerative joint disease of the left knee prior to December 14, 1998.

The Board has denied the veteran's claims for increased evaluations for his service-connected parapatellar pain syndrome of the left knee and chondromalacia patella of the right knee, finding that the evidence does not warrant an evaluation in excess of the currently assigned ratings.

The Board denied the veteran's claims for increased evaluations for his service-connected chronic sinusitis, chondromalacia of the right knee, and lumbar diskectomy with central bulging disc. The veteran did not meet the criteria for a compensable evaluation under Diagnostic Code 6510 for chronic sinusitis or for an increase in evaluation beyond 10 percent under Diagnostic Codes 5257 and 5003 for chondromalacia of the right knee, or for an increase in evaluation beyond 40 percent under Diagnostic Code 5293 for lumbar diskectomy with central bulging disc.

The veteran's appeal was dismissed due to his death, and the claims are no longer before the Board.

The Board found that the veteran's left knee disability was not caused by VA treatment, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The Board has granted a 10 percent evaluation for traumatic arthritis of the left knee, which is the maximum schedular rating available under Diagnostic Code 5257. The veteran's claim was remanded due to inadequate examination reports and procedural issues.

The veteran's claim for an earlier effective date for special monthly compensation based on anatomical loss of one foot and one leg preventing natural knee action, with loss of use of one hand was granted by the RO. The effective date is set at August 19, 1997.

The Board has restored the appellant's 10% disability rating for bronchitis from November 7, 1996. The issues of service connection for osteoarthritis of the right knee and secondary service connection for left knee disorder are remanded for further development.

The veteran's claim for a higher evaluation for his right arm condition and left knee disorder was granted, with the effective date set at January 31, 1996.

The Board has granted secondary service connection for mechanical low back pain, finding that it is proximately due to or the result of service-connected knee impairment. The final two issues regarding rating excess of 10 percent for left and right knee chondromalacia are remanded.

The Board has denied the veteran's claims for service connection for a back disability secondary to his service-connected right knee disability and for an increased evaluation of his right knee disability. The issues are not related to any exposure basis, such as Agent Orange or Camp Lejeune. There is no indication that the veteran was participating in a VA rehabilitation program at the time of treatment.

The Board denied increased evaluations for degenerative arthritis of the left knee and plantar fasciitis with a calcaneal spur of the left foot, as both conditions are rated at their maximum compensable levels.

The Board denied a higher rating for recurrent subluxation or lateral instability of the left knee and arthritis of the left knee, finding that the evidence did not warrant such an increase.

The veteran's TDIU claim is remanded due to the need for additional development, including a VA examination and consideration of new notification requirements under the Veterans Claims Assistance Act of 2000.

The Board has determined that the veteran's service-connected left knee disability, characterized by limitation of motion and pain, warrants a rating of 30 percent under Diagnostic Code 5003-5261.

The veteran's service-connected knee disabilities do not render him unable to secure or follow a substantially gainful occupation, and his claim for a total disability rating based on individual unemployability is denied.

The Board has granted service connection for right knee arthritis as secondary to the veteran's service-connected residuals of shrapnel wound of the right leg. The examiner found that it is likely as not that the appellant's service connected right thigh disability has resulted in aggravation of his right knee arthritis.

The Board found that the veteran's claim for service connection for left knee disability was not reopened due to lack of new and material evidence, as all submitted evidence was either cumulative or redundant.

The VA denied the veteran's claims for increased evaluations for his service-connected right and left knee disabilities, finding that the evidence did not warrant an evaluation in excess of 20 percent for the right knee or a rating higher than 10 percent for the left knee.

The Board has determined that a VA examination is needed to properly rate the service-connected right knee disability due to conflicting findings with regard to arthritis and cartilage. The RO should also consider whether separate evaluations under Diagnostic Codes 5257 and 5003 are warranted.