Knee decisions — 2001

The veteran's postoperative residuals of left knee arthroplasty are currently evaluated at 30 percent, and the Board finds that this rating is appropriate given his range of motion and symptoms.

The Board denied service connection for various disabilities, including a neck disability and pulmonary disability, as well as bilateral hip, ankle, shoulder, knee, and back disabilities. The decision found no evidence of these conditions during service or due to exposure to herbicide agents.

The Board has determined that the veteran's service-connected left knee disability warrants a 30 percent evaluation, and his right knee disability warrants a 10 percent evaluation. The low back disability is not service connected.

The veteran's residuals of left knee laceration with quadriceps tendinitis at patellar tendon insertion are currently rated as 10 percent disabling due to some pain and minor structural abnormality, but no significant limitation of motion or instability. The claim for a higher rating is denied.

The Board finds that the veteran's right knee disorder necessitated a temporary total convalescent rating from December 9, 1997 to October 1, 1998.

The Board has determined that the veteran's right knee disorder is proximately due to and the result of his service-connected left knee disorder, while his left leg compartment syndrome is not caused by or aggravated by his service-connected left knee disorder.

The Board has determined that the veteran's degenerative joint disease of the left knee warrants a rating of 40 percent, effective from July 28, 1999 to March 28, 2001. The claim for an increased rating is denied.

The Board has denied the veteran's claim for service connection on a secondary basis for left knee disability, finding it not well grounded. The case is remanded to obtain additional medical records and provide the veteran with an opportunity for a VA examination.

The veteran is seeking an earlier effective date for the award of a total compensation rating based on individual unemployability (TDIU). The RO has not had the opportunity to review VA Form 21-4138s and VA Form 9 received from the veteran in February, July 1979, and July 10, 1979. The case is being remanded for further development.

The VA has granted the veteran a disability rating of 20 percent for her residuals of a left knee injury, effective August 12, 1997. The VA also assigned a separate 10 percent rating for arthritis of the left knee, effective February 1999.

The veteran's appeal is being remanded for additional development to obtain medical records and a VA examination. The claims will be reviewed based on the entire evidence of record.

The Board has determined that the veteran's current right knee and cervical spine disorders were incurred during service. Service connection is granted for these conditions.

The Board denied the veteran's claims for initial compensable ratings for her right knee and bilateral wrist disabilities, finding that there was no evidence of current disability. The veteran is also not entitled to a 10 percent rating based on multiple, noncompensable service-connected disabilities.

The Board granted the appellant's claims for increased ratings for his postoperative residuals of a left knee injury and arthritis of the right knee, both rated at 20 percent. The sinus disorder claim was not supported by evidence showing its origin during military service.

The Board has determined that the veteran's claim for service connection for a major depressive disorder should have been granted effective from March 7, 1997. The award of a total disability rating based on individual unemployability is also effective as of March 30, 1997.

The VA determined that the veteran's left knee disability, characterized by painful patellofemoral syndrome with extension of the knee to 0 degrees and flexion to 120 degrees or greater, does not meet the criteria for a rating higher than 10 percent.

The veteran's claim for a higher rating for his service-connected left knee disability was granted, with the effective date set at October 22, 1996.

The Board has determined that the evidence submitted since the September 1997 decision does not constitute new and material evidence to reopen the claims for service connection for a low back disorder and traumatic arthritis of both knees.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for a bilateral knee disability.

The veteran's claim for nonservice-connected pension benefits was granted effective from September 2, 1997. The effective date is not earlier than the date of receipt of his reopened claim on March 31, 1994.