Knee decisions — 2001

The Board denied a request for an earlier effective date of January 21, 1998 for the grant of total disability rating based on individual unemployability due to service-connected disabilities.

The VA denied the veteran's claims for an increased evaluation of his left knee disability and individual unemployability due to service-connected disabilities. The left knee disability is currently rated at 30 percent.

The Board has determined that the veteran's left knee patellofemoral syndrome warrants a 30 percent rating, which is the maximum schedular rating under Diagnostic Code 5261 for limitation of extension.

The Board found that new and material evidence had not been submitted to reopen the claim of service connection for a right knee disorder. The veteran's previous assertions were considered, but they did not provide sufficient new information or evidence.

The Board has determined that the veteran's left knee disorder, currently rated as 10 percent disabling, does not warrant a higher evaluation based on the current evidence of record.

The Board found that the veteran's right knee disability was not incurred in or aggravated by service and is not related to a service-connected condition. The claim for secondary service connection based on his back disability was also denied.

The veteran's claim for an initial compensable disability evaluation for his service-connected left knee pain with a history of partial anterior cruciate ligament tear is being remanded due to the need for additional development and examination.

The veteran's claims for increased ratings for his service-connected degenerative joint disease of the right knee and hip were denied. The RO reduced the rating for the right knee from 30 percent to 10 percent effective September 29, 1998.

The Board has decided that the veteran's current left knee disability is due to his inservice injury, and thus service connection for this condition is granted.

The Board denied the veteran's claims of service connection for a bilateral knee disorder and an increased evaluation for his chronic low back pain, finding that new and material evidence had not been submitted to reopen the claim of service connection for a bilateral knee disorder.

The Board denied the appellant's claim for an increased initial evaluation of his left knee disability, finding that the current 10 percent rating adequately reflects the severity of his symptoms.

The case is being remanded due to the need for additional development and compliance with the Veterans Claims Assistance Act of 2000.

The veteran's claim for an increased evaluation of his right knee disability is being remanded due to the need for a new examination and compliance with VA notification requirements.

The Board has determined that further development is required before the completion of appellate action, including providing notice to the veteran and his representative regarding their intent to appeal issues concerning right knee disability and glaucoma evaluations. The TDIU claim will be held in abeyance until these issues are resolved.

The Board has remanded the case for additional development, including obtaining medical records and providing a VA orthopedic examination to assess the veteran's service-connected right knee disabilities.

The Board has determined that an increased evaluation for degenerative joint disease of the left knee is warranted, but not for the right knee.

The Board has granted the veteran's claim for an increased rating of 30 percent for his service-connected left knee disability, effective from June 1995. The issues regarding secondary service connection and temporary total convalescence ratings remain pending.

The veteran is not entitled to an effective date earlier than October 13, 1998 for the grant of a 10 percent disability rating for his service-connected right knee disorder.

The veteran's claim for service connection for arthritis of the right knee is being remanded due to incomplete records and a need for further examination.