Knee decisions — 2001

The VA has denied the veteran's claims for increased ratings for his right and left knee disabilities, finding that the evidence does not support evaluations greater than 20 percent for status post arthroscopy with arthrotomy of the right knee or a noncompensable evaluation for degenerative joint disease of the right knee. The VA has also denied an increase in rating for chondromalacia and arthritis of the left knee, finding that the evidence does not support evaluations greater than 10 percent.

The Board has found new and material evidence sufficient to reopen the veteran's claim of entitlement to service connection for a right knee disability. The issue will now be adjudicated on its merits.

The Board denied the claim for an earlier effective date of May 3, 1995 for the TDIU rating due to lack of evidence showing individual unemployability within one year prior to the June 1991 application.

The Board found that the veteran's left knee and right ankle disabilities were not incurred in or aggravated by active service, nor may arthritis be presumed to have been so incurred. The preponderance of evidence shows these disabilities are not related to his period of active service.

The veteran's appeal is about the current rating for his right knee disorder. The RO assigned a 20 percent disability rating, but the Board of Veterans' Appeals (BVA) has determined that a new examination is necessary to determine if he should receive a higher rating.

The Board has denied service connection for a low back disorder and a bilateral knee disorder, finding no current disability due to service or any related exposure.

The Board found that the appellant's postoperative residuals of a herniated disc at L5-S1 were not incurred or aggravated in active service. The remaining issues on appeal are remanded for further development.

The veteran's claims for earlier effective dates for service connection of tinnitus, bilateral hearing loss, and right knee sprain have been denied as the evidence does not show that entitlement to these benefits arose prior to the dates assigned in the decision.

The Board has determined that the veteran does not have a current right knee disability and denied his claims for increased evaluations of his left ankle scar, osteomyelitis of the left tibia, residuals of a fractured left tibia and fibula, and entitlement to TDIU.

The Board has granted a 60 percent evaluation for the veteran's service-connected right knee disability, which is in line with his request. The claim will now be considered on an extraschedular basis.

The veteran's claim for an increased rating for his right knee disability is being remanded due to the need for additional development, including a VA examination and consideration of DeLuca v. Brown (1995).

The veteran's appeals for increased ratings were denied. The right knee condition is rated as 10 percent disabling, with a separate rating of 10 percent for DJD. Lumbosacral strain is also rated at 10 percent.

The Board denied increased ratings for postoperative residuals of a right anterior cruciate ligament injury and right knee arthritis with limitation of motion, finding that the evidence did not warrant higher evaluations based on the current level of disability.

The Board has determined that the veteran's service-connected left knee disorder, prior to October 26, 1998, warranted a 20 percent evaluation for status post removal of left medial meniscus with tibial osteotomy.

The Board has determined that a higher evaluation than 10 percent is not warranted for the veteran's status post synovial impingement with synovectomy of the left knee, and a 10 percent evaluation is granted for chondromalacia of the right knee.

The veteran's left total knee replacement is currently rated as 30 percent disabling, and the Board found no evidence to warrant an increase in this rating.

The Board finds that the veteran's claim for an effective date earlier than January 20, 1999, for the grant of service connection for dermatofibrosarcoma protuberans is denied. The case is REMANDED to obtain all outstanding medical records and to schedule the veteran for a VA examination.

The VA granted the veteran's claims for increased evaluations for his service-connected posttraumatic arthritis of the left ankle and patellofemoral pain syndrome of both knees, assigning a 20 percent evaluation effective May 15, 2000.

The Board denied the veteran's claims for service connection for a right leg disability, a right knee disability, and hypertension due to lack of evidence showing these conditions were incurred or aggravated by service. The RO was instructed to attempt to verify combat service and obtain medical records from identified providers.

The veteran's claim for service connection for a right knee condition is being remanded due to the need for additional medical records and information regarding worker's compensation.