Knee decisions — 2001

The VA has granted a 10 percent rating for the veteran's service-connected right knee disability, effective from March 2000.

The veteran's service-connected disabilities are of such severity as to render him unemployable without regard to his advancing age or the presence of any nonservice-connected disorders.

The veteran's service-connected disabilities, including his right total knee replacement and bilateral hearing loss, effectively preclude him from engaging in substantially gainful employment.

The VA has granted increased ratings for the appellant's service-connected medical meniscus tear of the right knee and hypertrophic cardiomyopathy, status post AICD/pacemaker placement. The current ratings are 10 percent for the knee disability and 30 percent for the heart disorder.

The Board has determined that the veteran's claims for increased ratings for tinnitus, hyperbilirubinemia, and right knee scars must be remanded due to incomplete development of evidence.

The Board has granted a higher initial rating of 20 percent for the veteran's service-connected left knee chondromalacia of the patella, effective from June 1996. The right knee condition is rated at 0 percent.

The veteran's fatigue and migraine headaches are presumed to be due to an undiagnosed illness that developed during service. The left knee arthritis is also presumed to have been incurred in service.

The Board denied the veteran's claims for increased ratings and benefits under 38 U.S.C.A. § 1151, finding that the right clavicular fracture did not result from VA treatment or vocational rehabilitation.

The veteran's claim for retroactive payment of clothing allowance benefits from 1991 through 1997 is denied as the law does not provide for such payments.

The Board has denied the veteran's claims for service connection for arthritis of the elbows and increased ratings for his service-connected lumbar spine, left knee, and right knee disabilities. The RO is instructed to ensure all notification and development actions required by the Veterans Claims Assistance Act of 2000 are completed.

The Board has determined that the veteran's right knee disability does not warrant an extension of a temporary total evaluation beyond December 31, 1996 due to lack of evidence of continued convalescence following surgery.

The veteran's claim for TDIU benefits is being remanded due to the inextricability of his PTSD increased rating claim. His combined service-connected disability rating does not meet the schedular minimum set forth under 38 C.F.R. § 4.16(a).

The RO confirmed and continued the ratings for mechanical back pain, torn medial meniscus of the left knee, and torn medial meniscus of the right knee at 20 percent each.

The RO has assigned initial evaluations of 20%, 10%, and 10% for the veteran's right knee, left knee, and left elbow disabilities, respectively. The Board finds that these evaluations are appropriate based on the current evidence of record.

The VA denied the veteran's claim for an increased rating for his service-connected residuals of a fracture of the left femur with left knee pain and arthritis, currently evaluated as 10 percent disabling.

The Board found no evidence of a current disability for which service connection may be granted, including for the claimed bilateral hip condition, knee condition, ankle condition, low back condition, and hearing loss. Therefore, service connection is denied.

The Board denied increased ratings for the veteran's right and left knee disabilities, finding that the current evaluations adequately reflected the severity of his conditions.

The veteran's service connection claims for arthritis of the ankles, degenerative changes of the lumbar and thoracic spine, and degenerative disc disease of the cervical spine have been granted. The veteran is currently assigned a noncompensable rating for arthritis in both knees.

The VA denied the veteran's claim for service connection of a right knee injury, concluding that it was not related to his military service.

The veteran's appeal is being remanded for further development, including obtaining medical records and arranging for a VA examination to assess the extent of his knee disabilities. The issue of entitlement to a rating in excess of 10 percent for low back disability will be addressed separately.