Knee decisions — 2001

The veteran's claim for increased ratings and service connection were partially granted, with a 20% rating assigned for the left knee disability from October 17, 1995 onwards. The right hip disability was not addressed due to lack of evidence or withdrawal by the veteran.

The veteran's appeal has been dismissed as he withdrew his appeals prior to the Board making a decision.

The Board has determined that the veteran's current disability evaluations for his right and left knee disorders are appropriate, as they do not exceed the severity of his conditions based on the evidence provided.

The Board has determined that the veteran's current arthritis of the knees resulted from an in-service injury and granted service connection for this condition.

The Board granted a rating of 10 percent for the veteran's right knee disability from December 27, 1996 to April 2, 2000 based on recurrent mild instability. The issue regarding a higher rating prior to April 3, 2000 remains pending.

The Board dismissed the appeals because the appellant did not file timely substantive appeals for his claims of service connection for a left knee condition and an increased disability evaluation for a left hand disorder.

The veteran has an employment handicap due to his service-connected left knee disability, rated at 20 percent. The Board finds that he has not overcome this impairment and thus meets the criteria for basic eligibility for vocational rehabilitation training under Chapter 31 of Title 38, United States Code.

The Board has denied the veteran's claims for service connection of a left knee disability and for an increased rating for PTSD. The veteran is not entitled to staged ratings as his claim for higher evaluation for PTSD was initially granted.

The Board has granted an increased evaluation of 40 percent for the veteran's right knee disability, which was previously rated at 30 percent.

The Board granted a separate 10% rating for traumatic arthritis of the right knee effective from August 4, 1994.

The Board found that new and material evidence had been submitted to reopen the veteran's claim for service connection for a bilateral knee disability, including osteoarthritis. The veteran testified about her symptoms during service and after separation, as well as recent treatment.

The Board denied the veteran's claims for service connection and increased evaluation, finding no new evidence to reopen his claim of second degree burn scars. The other issues were also denied.

The Board denied the veteran's claims of service connection for residuals of a right thumb injury, arthritis of the left knee, and labile hypertension. The examiner concluded that there was no relationship between current symptomatology and the injuries sustained during service.

The Board has remanded the issues of service connection for arthritis of the knees and left knee patellofemoral chondritis, as well as the increased evaluation for lumbar paravertebral fibromyositis and herniated nucleus pulposus, L5-S1. The issue of a compensable disability evaluation for postoperative residuals of right knee arthroscopy and right medial meniscus tear remains denied.

The Board has reopened the appellant's claim for service connection of a left knee disability due to new and material evidence submitted since the last final decision. The claim is now considered on its merits.

The veteran's claims for service connection were denied, and the initial evaluations assigned for hiatal hernia (10%) and left knee disability (10%) were granted. The initial noncompensable evaluations for bilateral hearing loss and left inguinal hernia were also granted. Other claims for service connection or higher evaluations were denied.

The Board is remanding the case due to incomplete development and issues related to service connection for left knee arthritis.

The veteran's appeal is remanded for further development, including a VA examination to assess the extent of impairment caused by his service-connected residuals of skin lesions of the right shoulder and left knee.

The Board has determined that the veteran's right knee disability is service-connected and his PTSD warrants a 70% evaluation, but not an increased rating.

The veteran seeks an increased rating for his service-connected right knee disability, which involves residuals of a fracture of the tibia and fibula. The Board has remanded the case to obtain additional medical evidence and consider whether the claim should be referred for extra-schedular consideration.