Knee decisions — 2001

The veteran's service-connected healed chip fracture of the right tibia, with traumatic arthritis of the right knee, is currently manifested by a limited range of motion and no instability. The current level of disability does not exceed that for impairment of the tibia involving malunion with marked knee disability.

The Board denied the appellant's claims of entitlement to service connection for left shoulder, left knee, and right knee disorders due to lack of new and material evidence.

The Board has remanded the case for additional development due to changes in the law, including compliance with the Veterans Claims Assistance Act of 2000 (VCAA). The veteran's claims are related to service connection and new evidence.

The Board has determined that the veteran's service-connected right knee disability warrants a 10 percent evaluation, which is the maximum schedular rating available under applicable diagnostic codes.

The Board denied service connection for headaches and granted initial noncompensable ratings for left knee disabilities. The veteran's headaches were not found to be related to service, while the left knee disabilities have been rated based on their current manifestations.

The Board has determined that there is no competent medical evidence demonstrating the presence of arthritis of the knees, ankles, or feet (excluding service-connected arthritis of the right great toe). The veteran's service-connected left ankle disability is manifested by a full range of motion without pain. The veteran's service-connected tendonitis of the left index finger is manifested by slight subjective symptoms without objective indications of disability or functional impairment.

The Board has determined that the veteran does not have service connection for left ear hearing loss or right knee disability. The claim for increased rating for right ear perforated tympanic membrane with retraction of drum and mixed hearing loss is also denied.

The Board has remanded the case due to a lack of new and material evidence, and requested that the RO obtain VA medical records from the appellant's treatment in 1978-1980, service medical records for his entire period of National Guard service, and information about how to locate Dr. Savage who treated him for his knees in late 1985.

The veteran's claim for an initial rating in excess of 10 percent for his service-connected right knee disability was denied. The effective date for the grant of service connection for right knee disability is not earlier than January 21, 1998.

The Board granted a 10 percent rating for facial scarring, but denied increased ratings for left foot, right knee, and left shoulder scars.

The Board denied an increased rating for the veteran's service-connected right knee disability, finding that it did not meet the criteria for a higher evaluation.

The Board denied the veteran's claims of service connection for a left knee disorder and entitlement to a permanent and total disability rating for pension purposes, finding that there was no evidence of current disabilities or sufficient medical records supporting his allegations.

The VA denied the veteran's claims for increased evaluations of his service-connected residuals of open reduction-internal fixation of the left medial malleolus (left ankle) and residuals of medial collateral ligament tear and incomplete dislocation of the left knee, both rated at 10 percent.

The veteran's claims for an increased rating for his right knee disability and a TDIU are being remanded due to the need for additional development.

The veteran claims a right knee disability is related to an injury sustained during service. The RO has requested additional development, including obtaining medical records and arranging for the veteran to undergo a VA examination.

The Board found that the appellant's arthritis in both knees did not meet the criteria for service connection, as there was no evidence of an inservice injury or disease and the development of medical records did not establish a link to service. The claim for increased rating for post-traumatic stress disorder remains pending.

The Board has denied the veteran's claims for increased ratings for his service-connected left foot and knee disabilities, finding that the evidence does not support a higher rating based on current functional impairment.

The Board has determined that the veteran's left knee disability, manifested by limitation of flexion to 15 degrees, warrants a rating of 30 percent.

The veteran's left knee replacement is currently rated at 30 percent, and the Board finds that this rating adequately reflects his symptoms and functional limitations.