Knee decisions — 2001

The VA denied the veteran's claim for an increased evaluation of his left knee condition, which was previously rated as 10 percent disabling. The Board found that the current symptoms do not warrant a higher rating under any applicable diagnostic codes.

The Board has granted service connection for tinnitus and remanded the claims of service connection for a right knee disorder, compensable evaluation for right ear hearing loss, and pursuant to 38 C.F.R. § 3.324.

The veteran's low back strain is rated at 40 percent, and his right and left knee disabilities are each rated at 20 percent. The decision grants these ratings.

The Board denied the veteran's claims for an increased rating for his right knee disability and a permanent and total disability pension rating, finding that the evidence did not support ratings greater than 10 percent for chondromalacia of the right knee with exostosis. The veteran was also found to have no entitlement to a higher rating based on his seizure disorder.

The Board finds that the veteran's current left knee disability is at least as likely as not related to his military service, and thus grants service connection for residuals of a left knee injury.

The VA determined that the veteran's right knee disability, which includes DJD and ligamentous laxity, warrants a 30 percent evaluation under the applicable diagnostic codes. The Board found no basis for an increased rating.

The Board granted increased initial ratings for chondromalacia of both knees and psoriasis, but denied an increase in rating for rotator cuff tendinitis of the right shoulder.

The Board has determined that the veteran's right knee disability warrants a combined evaluation of 20 percent, with separate evaluations for chondromalacia and traumatic arthritis.

The veteran's claims for an increased evaluation for his left knee disability and individual unemployability due to service-connected disability are being remanded for further development. The RO must issue a Statement of the Case on these issues, including consideration of an extraschedular evaluation.

The appellant requested to withdraw their appeal, and the Board has dismissed it without prejudice.

The Board denied the veteran's claims of service connection for hypertension, residuals of a stroke (claimed as loss of sight, swollen ankles, and heart damage), arteriosclerotic heart disease, right knee disorder, left knee disorder, and back disorder. The appeals were decided on the merits without any presumption or secondary service connection.

The veteran's appeal is denied as the RO has granted a combined evaluation of 40 percent for his right knee disability, including a 100 percent convalescence rating and separate 30 percent ratings under different diagnostic codes. The issue of a higher combined evaluation after August 1, 2001, is not currently ripe for appeal.

The veteran's service-connected right knee disability prior to October 18, 1999 was rated at 30 percent due to severe impairment.

The Board has determined that the veteran's recurrent lumbosacral strain is related to active military service, warranting service connection. The left knee disability does not meet criteria for a compensable evaluation under applicable diagnostic codes.

The Board has determined that the veteran's left knee disability was not incurred in or aggravated by active duty, and is not proximately due to or the result of service-connected disability. The evidence does not support a finding that the veteran's left knee disability is related to his service-connected osteochondroma of the distal right femur.

The veteran's psychiatric disorder is not service-connected, and his right knee disability remains at a 30% rating. He was granted temporary total disability based on surgery but denied other claims.

The Board has determined that additional development of the record is necessary due to the appellant's subjective reports of increased severity of his service-connected left knee disorder and for a possible relationship between his right foot condition and his service-connected left knee injury.

The veteran's right knee disability was rated at 100 percent for a period of one year following his total knee replacement surgery, effective from January 7, 1998 to February 28, 1998. After this initial rating, he received a 30 percent evaluation.

The Board has determined that the veteran's right knee disability, with total knee arthroplasty, does not warrant a rating in excess of 30 percent.

The Board has granted service connection for bilateral hearing loss and left knee disability, but denied the other issues. The veteran's claim of entitlement to a compensable rating for a scalp scar is pending.