Knee decisions — 2002

The Board has denied the veteran's claims for service connection for bilateral hearing loss and a right knee disorder. The issue of entitlement to a rating in excess of 10 percent for low back disability is remanded.

The veteran seeks an earlier effective date for the award of service connection for a right knee disability. The RO must consider both issues together and ensure that all notification and development action required by the Veterans Claims Assistance Act of 2000 is completed.

The Board denied the veteran's claims for an earlier effective date and increased evaluation, finding no evidence of a prior claim before February 2, 1998.

The Board has remanded the veteran's claims for increased ratings and special monthly compensation due to incomplete medical records and inadequate examination reports. The RO is instructed to obtain all relevant treatment records, provide the veteran with appropriate notification of his rights under the Veterans Claims Assistance Act of 2000 (VCAA), and ensure that all necessary development has been completed.

The Board found that the veteran's current left and right knee degenerative arthritis were not incurred or aggravated during his periods of active service.

The Board denied service connection for PTSD and denied increased ratings for the right ankle and knee disabilities. The veteran's conditions were found to be due to his military service, but no new evidence was presented to reopen a previously denied claim.

The Board has determined that additional development is needed to fully and fairly consider the veteran's claims, including obtaining medical records and ensuring compliance with the Veterans Claims Assistance Act of 2000 (VCAA).

The veteran's nonservice-connected disabilities, including his right eye disorder and degenerative joint diseases of the lumbar and cervical spines, prevent him from working. However, he is not found to be permanently and totally disabled due to these conditions.

The VA denied the veteran's claim for an increased disability evaluation for his left knee disorder, currently rated at 10 percent. The Board found that the current rating adequately reflects the severity of the veteran's condition.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for a left knee disability. The veteran's pre-existing condition was aggravated by his military service, resulting in current osteoarthritis of the left knee.

The veteran's claim for service connection on all four issues is being remanded due to the need for additional examinations and development of records.

The veteran's claim for service connection for gout was not addressed. The RO denied the claim for hypertension in February 1996 and the veteran did not appeal this decision. Service connection for degenerative joint disease of the left knee was granted with a 10 percent rating effective June 26, 1984. The issue of service connection for degenerative joint disease of the right knee remains pending.

The veteran's claim for an increased evaluation of his service-connected bilateral hearing loss was denied. The veteran also seeks a permanent and total rating for non-service-connected disability pension purposes, but the case is remanded to obtain additional medical records and determine if he meets the criteria.

The veteran's service-connected postoperative residuals of a left knee injury with traumatic arthritis are properly rated at 10 percent for arthritis and 20 percent for instability, resulting in a combined rating of 30 percent.

The veteran's appeal is remanded for additional development, including obtaining medical records and scheduling a comprehensive orthopedic examination to determine the current level of impairment due to his bilateral knee disabilities.

The Board denied service connection for a cervical spine disability and denied entitlement to an evaluation in excess of 40 percent for residuals of a right total knee arthroplasty. The issue of entitlement to a total rating based on individual unemployability was also addressed.

The Board granted service connection for chondromalacia of the right and left knee, each rated at 10 percent disabling. The veteran's claims for higher ratings were also granted.

The Board denied service connection for degenerative arthritis of the knees, finding that it was not incurred or aggravated during service and is not related to cold exposure during service.

The Board has determined that the veteran's left knee chondromalacia, post-operative with scars, warrants a 30 percent evaluation.

The veteran's left knee disability is currently rated as 10 percent disabling for arthritis, and a separate 10 percent rating has been granted for instability. The current evaluation adequately reflects the severity of his condition.