Knee decisions — 2001

The VA has denied the veteran's claim for a compensable evaluation for his service-connected left knee disability, as there is no evidence of subluxation or lateral instability since his discharge from active duty in 1988.

The Board dismissed the appeal because a timely substantive appeal was not filed within the required time frame regarding the proper evaluation for right knee chondromalacia from October 19, 1990.

The Board has restored the veteran's prior 20 percent rating for his service-connected postoperative residuals of right knee injury, as the RO improperly reduced this rating based on medical evidence that did not demonstrate sustained improvement.

The veteran withdrew his appeal on the issue of entitlement to an increased rating for left knee disability.

The appellant claims that he developed a below knee amputation of the right lower extremity as a result of VA medical treatment in September 1997. The Board finds that additional investigation is needed to determine if there was negligence or fault on the part of VA in providing care, and whether any resulting disability was caused by such care.

The Board has remanded the case for additional development due to changes in the law and incomplete medical records.

The veteran's claims for increased ratings and service connection were denied. The RO granted an increased rating to 30 percent for the right knee injury with residual laxity, but denied higher ratings for other conditions.

The VA determined that the veteran's postoperative residuals of a lateral meniscectomy of the left knee, which is currently rated at 10 percent, do not warrant an increase in evaluation.

The veteran's left knee disability, including his total knee replacement, is currently rated at 30 percent since November 1, 2000. The RO has not yet determined the appropriate evaluation for his pre-existing osteoarthritis prior to September 27, 1999.

The Board has determined that the veteran's claimed right wrist, left wrist, and bilateral knee disabilities are not related to her active service. The evidence does not support a finding of chronicity or continuity of symptomatology since service.

The Board has determined that the veteran does not have a current disability for right ear hearing loss or left knee sprain, and thus cannot establish service connection for these conditions. The increased evaluation claim for left ear hearing loss is also denied.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for bilateral knee disability, which was previously denied in 1992. The veteran's statements attributing his current bilateral knee disability to a fall during service are considered new and significant.

The Board has determined that the veteran does not currently suffer from chronic right knee or right ankle disabilities, nor does he have PTSD. Service connection for these conditions is denied.

The Board has remanded the case due to incomplete records and the need for further examination. The veteran's claim for service connection for a seizure disorder is pending, as are his pension benefits claims.

The Board denied the veteran's claims for increased evaluations of his service-connected right knee disabilities, finding that the current ratings adequately reflect the severity of his symptoms.

The Board has determined that the veteran's claimed low back, left hip, and right knee disabilities were not incurred or aggravated during service. The evidence does not support a finding of service connection for these conditions.

The veteran's appeal was timely and adequate, allowing for the continuation of his existing disability ratings.

The veteran's bilateral hearing loss is due to acoustic trauma incurred in service. The RO granted service connection for tinnitus as secondary to noise trauma during service.

The October 31, 1969 rating decision correctly assigned a 100 percent evaluation for anatomical loss of both feet and special monthly compensation on account of anatomical loss of both lower extremities at levels or with complications preventing natural knee action with prostheses in place.

The Board has denied the veteran's claims for a higher initial evaluation for his right knee disability and service connection of a left knee disorder secondary to his right knee disability.