Knee decisions — 2000

The Board denied the veteran's request for an earlier effective date for service connection of a left knee disability, finding that the claim was not timely appealed and thus the September 1985 rating decision became final. The effective date is set at November 3, 1997.

The veteran's appeal is on the issue of what evaluation should be assigned for his service-connected left knee disability. The RO has been instructed to provide a VA examination and consider whether staged ratings are warranted, as well as evaluate this disability under the criteria found at 38 C.F.R. §§ 4.40, 4.45 as defined by the Court in DeLuca v. Brown (1995).

The Board has remanded the case for further development, including obtaining additional medical records and conducting a VA examination to assess the veteran's ability to work due to his service-connected disabilities.

The veteran's disabilities, while disabling, do not meet the criteria for a permanent and total disability rating for pension purposes due to their combined effect on his ability to work.

The Board granted entitlement to an increased evaluation of 20 percent for the left knee disability effective from January 17, 1996; and affirmed the previous evaluations as to the left knee disability. The right shoulder impingement syndrome remains on appeal.

The Board has granted a 30 percent evaluation for the veteran's service-connected left knee injury, which was previously rated at 10 percent.

The Board found that the veteran's right knee disorder was not incurred in or aggravated by service, nor is it proximately due to or the result of her inservice left knee injury.

The Board found no evidence of current disabilities for Multiple Sclerosis, Right Knee Disorder, or Chondromalacia of the Left Knee and thus denied service connection for all three conditions.

The Board denied the veteran's claims for service connection and increased ratings, but remanded some issues to the RO for further development.

The Board found that the veteran's claims for service connection were not well-grounded, and thus denied them. The claims for fatigue and headaches are considered well-grounded.

The veteran's claims for service connection for right knee disorder, left ankle disorder, varicose veins, and bilateral hearing loss are not well grounded as there is no medical evidence of current disabilities.

The veteran's claim for an increased evaluation of his right foot fracture residuals is denied as the evidence does not support a finding that the disability warrants a rating higher than 10 percent.,New and material evidence has been submitted to reopen the veteran's claim for service connection for a right knee disability, which may be secondary to his service-connected left knee or right foot disabilities. The reopened claim is well-grounded.

The veteran's death was not caused by his own willful misconduct, but he did not have a service-connected disability rated totally disabling for at least 10 years prior to his death. Therefore, DIC benefits under 38 U.S.C.A. § 1318 are denied.

The Board denied the veteran's claims for increased ratings for his service-connected internal derangement of the left and right knees, as well as sensorimotor neuropathy. The current evaluations are found to be appropriate.

The Board has found that new and material evidence has been submitted to reopen the appellant's claim for service connection of a left knee disability. The claim is well-grounded, but the current evidence does not establish a direct link between the appellant's in-service injuries and his present condition.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claim for service connection for residuals of a right Achilles tendon disorder and residuals of a right knee disorder. The RO denied these claims in 1996, finding no new or material evidence.

The Board has denied the veteran's claims for service connection for herniated nucleus pulposus of the lumbar spine, diabetes mellitus, and flat feet. The claims for chondromalacia of the knees are also denied.

The Board has determined that the veteran's right knee disorder, rated at 10 percent disabling, does not warrant an increased rating.

The Board denied increased ratings for the veteran's bilateral ankle injuries and left knee disabilities, finding that the current zero percent evaluations were appropriate based on the lack of evidence supporting more severe disability.

The Board has granted a rating of 10 percent for the veteran's right knee degenerative joint disease, status post meniscectomy with ACL deficiency. Service connection for a back disorder was also granted.