Knee decisions — 2001

The Board found that the veteran's currently demonstrated status post bilateral total knee replacement due to degenerative joint disease is not shown to be the likely result of an injury or other disease process that had its onset in service.

The Board has determined that the veteran's right knee disability, which was present at the time of his entrance into active military duty, underwent a chronic increase in severity beyond normal progression during service. Therefore, service connection for this condition is granted.

The Board has determined that the RO's decision denying service connection for hearing loss, left elbow disability, right knee disability, and left shoulder disability was not well-grounded. The claims are denied.

The Board denied the veteran's claims for service connection for diabetes mellitus, low back strain, and right knee injury. The claim to reopen a left knee disorder was also denied. The veteran's hypertension claim was not reopened.

The veteran's service-connected left knee disability does not prevent him from obtaining or retaining employment consistent with his abilities, aptitudes, and interests. Therefore, he is not entitled to vocational rehabilitation training under Chapter 31.

The veteran's appeal is being remanded for further development, including a VA examination to assess the severity of his service-connected right knee disability and consideration of whether separate ratings are warranted.

The veteran's claim for an increased rating for the service connected fracture of the left tibia and fibula, with arthritis of the left ankle is granted. Service connection for arthritis of the left knee is also granted. A compensable rating for a scar related to the fracture of the left tibia and fibula is denied.

The Board has determined that the veteran's right knee disability, which is rated as 20 percent disabling for internal derangement secondary to mortar fragment wounds, does not warrant a higher rating due to lack of instability or laxity. The pain and crepitus are considered in determining the current level of impairment.

The veteran's service-connected disabilities, including his right knee disorder and tinnitus, have not substantially impaired his ability to obtain or retain employment consistent with his abilities, aptitudes, and interests. The VA determined that the veteran has overcome the effects of these impairments through employment in an occupation consistent with his pattern of abilities, aptitudes, and interests.

The VA denied the veteran's claim for an increased disability rating for his service-connected right knee injury, finding that the condition did not meet the criteria for a compensable evaluation.

The veteran's service-connected right knee disability, manifested by some limitation of motion but not more than the normal range, is currently rated at 10 percent.

The veteran's service-connected right shoulder and left knee conditions have been rated at the maximum available rating of 10 percent. The hearing loss is currently rated as zero percent.

The Board denied the veteran's claims for service connection and increased ratings for various disabilities, including PTSD, back disability, left knee disability, tinnitus, and hepatitis. The appeals were dismissed due to failure to file a timely appeal.

The Board has granted a higher rating of 20 percent for the veteran's left knee disorder, which includes separate ratings for instability and arthritis with limitation of motion.

The Board has determined that additional development is needed, including obtaining medical records and an examination to determine if the veteran's right knee arthritis is related to his service-connected right knee meniscectomy. The case will be remanded for these actions.

The Board has determined that the claim for service connection for a right knee disability is not well grounded and has been denied.

The Board found that the veteran's service-connected disabilities do not warrant increased evaluations, as they did not meet the criteria for higher ratings under the applicable VA rating schedule.

The Board granted an increased rating of 30 percent for the veteran's left knee disorder, effective from September 1, 2000. The issue regarding a higher rating prior to June 24, 1997 was not addressed as it is no longer pending due to jurisdictional changes. Maxillary sinusitis remains rated at 10 percent.

The Board denied an increased evaluation for the veteran's left knee disability, currently rated at 30 percent.

The Board has determined that the veteran's service-connected left knee disorder, characterized as post-operative residuals of a left knee injury with degenerative arthritis and multiple loose bodies, does not warrant an evaluation in excess of 20 percent.