Knee decisions — 2001

The veteran's right knee disability, including chondromalacia with instability and post-traumatic osteoarthritis, is currently rated at 30 percent. His hearing loss of the left ear remains noncompensable.

The veteran's service-connected left total knee arthroplasty was granted a 60 percent evaluation for the period prior to September 9, 1997. For the period on and after February 1, 1999, he is entitled to a 60 percent evaluation.

The Board has found new and material evidence to reopen the veteran's claims for service connection of migraine headaches with blackouts, bilateral knee disorder, and low back disorder. The veteran's current conditions are deemed to have been incurred during his military service.

The Board denied service connection for a right knee disorder and the evaluation of post-operative lumbar decompression laminectomy with arthritis and sciatic/spasms. The March 20, 1981 rating decision was not found to contain clear and unmistakable error.

The veteran's claim for a higher rating for his right knee disability was denied. The RO found that the evidence did not support ratings in excess of 20 percent prior to December 1998, and from February 1, 1998 to December 8, 1998, but granted a separate 30 percent evaluation for DJD of the right knee during this period. The claim for a higher rating after December 8, 1998 was also denied.

The Board has reopened the previously denied claim of service connection for a left leg injury due to new and material evidence submitted by the appellant. The case is remanded for further development, including scheduling a VA examination.

The Board has determined that the veteran's current bilateral knee disabilities were not incurred during service and denied his claim for service connection.

The Board denied the claim for service connection for a right knee disability due to an August 1946 rating decision, finding no clear and unmistakable error (CUE). The evidence at that time did not support granting service connection.

The Board denied the veteran's claim for an earlier effective date for service connection of right knee traumatic arthritis, finding that the initial claim was filed over 28 years after separation from service and no prior formal claims existed. The effective date remains October 4, 1996.

The Board denied the veteran's claims for service connection and evaluations of his knee disabilities, as well as residuals of a left 5th metatarsal fracture. The issues were all characterized as being denied.

The Board has determined that an effective date of January 28, 1997 is warranted for the award of a 60 percent disability rating for the residuals of left total knee replacement.

The Board has granted an initial rating of 10 percent for the service-connected residuals of a gunshot wound to the right thigh, effective from February 17, 1999. The claim for increased evaluation for the residual injury of the right knee is pending.

The Board has granted service connection for carpal tunnel syndrome of the right hand and retropatellar arthralgia of the left knee, both rated at 10 percent effective November 26, 1998. The veteran's initial claims for increased evaluations were denied.

The veteran's service-connected bilateral knee disabilities have rendered him unable to obtain or retain substantially gainful employment, and his claim for a total disability rating based on individual unemployability is granted.

The RO granted service connection for the veteran's right knee disorder and assigned a zero percent (noncompensable) evaluation effective from July 25, 1998. However, the appeal is being remanded due to new law requirements.

The veteran's appeal is remanded due to the failure to schedule a video hearing before the Board at the RO. The case will be returned to the RO for scheduling such a hearing.

The veteran's claim for an increased rating for his service-connected Osgood-Schlatter disease of the right knee is remanded due to discrepancies in clinical findings and need for further development, including a VA examination.

The veteran's cervical spine, right knee, and headache disabilities were granted increased ratings. The PTSD rating was also granted, but the left corneal scar did not meet the criteria for an increased rating.

The veteran's claim for increased rating and total disability based on individual unemployability due to service-connected disability is being remanded for additional development of his medical records.

The VA has determined that the veteran's right knee disorder, characterized by chondromalacia and bipartite patella, does not warrant a disability evaluation in excess of 20 percent.