Knee decisions — 2001

The case is being remanded to the RO for additional development, including a new examination of the veteran's left knee and consideration of service connection claims for left ankle and wrist disorders. The veteran will also be provided with a statement of the case on these issues.

The veteran is seeking service connection for a left below the knee amputation as secondary to his service-connected old fracture, left lower tibia and ankle mal-alignment and eversion of foot. He also seeks an increased evaluation for this disability. The Board has determined that further development is needed before these claims can be decided.

The RO granted service connection for right knee disability and assigned a noncompensable evaluation. The veteran's claims for higher rating, service connection for exposure to asbestos, and service connection for exposure to chemicals are pending.

The Board has granted an increased disability evaluation of 30 percent for the veteran's service-connected right knee traumatic arthritis, finding that additional disability approximating 10 percent of average impairment is warranted due to pain on motion.

The veteran's claim for a higher rating for his service-connected left knee disability, currently rated at 30 percent, is denied. The evidence does not support an increase in the rating beyond 30 percent.

The Board has denied the veteran's claims for increased ratings for his left knee instability and degenerative joint disease, finding that the evidence does not support a rating in excess of the currently assigned disability evaluations.

The veteran's cervical spine disability is rated at 40 percent, effective June 2, 1995. The lumbar spine disability remains at a 40 percent rating from the same date. The dorsal spine and right knee disabilities are both rated at 10 percent.

The veteran's service-connected total right knee arthroplasty is currently evaluated at 30 percent, which the RO has maintained. The evidence does not show severe painful motion or weakness that would warrant a higher evaluation.

The Board has remanded the case to the RO for further development and readjudication, including obtaining additional medical records and conducting comprehensive VA specialty examinations.

The veteran's post-traumatic degenerative arthritis of the left knee with status post meniscectomy is currently receiving a maximum schedular rating of 30 percent. The Board has granted an additional 30 percent evaluation, bringing the total to 60 percent.

The Board denied the veteran's claim for an earlier effective date of June 23, 1998 for a 20% evaluation for chondromalacia, right knee.

The veteran's arthritis of the right and left knees do not warrant an evaluation in excess of 10 percent.

The Board denied the veteran's claims for service connection and initial compensable ratings for his cervical spine disorder, bilateral compartment syndrome, recurrent knee strains, chronic ankle strain, and right ankle fracture. The appeals were based on direct service connection.

The veteran's claim for an increased rating for his postoperative residuals of a right knee injury is being remanded to the RO for further evaluation and consideration.

The Board has granted a 10 percent rating for the service-connected residuals of shrapnel fragment wound to the right mandible. The claim for an increased rating for the left knee scar remains pending.

The VA denied the veteran's claim for a total rating based on individual unemployability due to his service-connected disabilities. The RO found that he met the schedular criteria for such a rating, but the examinations did not address whether his unemployability was solely due to his service-connected conditions.

The veteran's claims for service connection for low back, right left knee, and left knee disorders are being remanded due to the need for additional development including a VA examination.

The Board has denied the veteran's requests to reopen his claims for service connection for a left knee disorder and a back disorder, finding that no new and material evidence was submitted.

The Board has found new and material evidence to reopen the veteran's claim of service connection for a left knee disorder. The claim will now be reviewed on its merits.

The Board has remanded the case to further consider service connection for residuals of a left knee injury due to inadequate reasons and bases in its July 1999 decision, including not discussing specific medical evidence from Dr. S., making a bare conclusory statement regarding VA examiners' opinions, and finding that the January 1998 examination was inadequate.