Knee decisions — 2003

The Board has assigned an effective date of September 14, 1995 for the 10 percent disability evaluation assigned by the RO in the June 2001 rating decision. The appellant's entitlement to a higher disability evaluation arose at a date earlier than February 9, 1999.

The veteran's appeal for an increased evaluation of his right knee disability has been dismissed as the veteran requested withdrawal of the appeal.

The Board found that the veteran's seizure disorder pre-existed service and was not aggravated by active duty. The psychiatric, spinal, knee, and dental conditions were not shown to be related to service or a service-connected disability. Therefore, the claim for service connection was denied.

The Board has determined that a 60 percent evaluation is warranted for the veteran's right total knee replacement with instability and osteoarthritis, residual of meniscectomy, since July 2002. The prior evaluations were appropriate given the nature of his disability at the time they were assigned.

The veteran is seeking service connection for degenerative joint disease of the left knee, which he claims was caused by his service-connected shell fragment wound scar. The Board has remanded the case to obtain additional medical evidence and arrange for a VA examination.

The Board has determined that the veteran does not meet the criteria for special monthly compensation based on need for aid and attendance or housebound status due to his service-connected disabilities.

The veteran's claims for increased ratings for residuals of left knee injury, status post arthroscopy and arthritis of the left knee are denied as they do not meet the criteria for higher schedular ratings.

The Board denied the veteran's claim for an effective date prior to September 26, 1995, for the grant of entitlement to a total disability evaluation based upon individual unemployability due to service-connected disabilities (TDIU). The preponderance of evidence did not establish that the veteran was unemployable prior to this date.

The Board denied the veteran's claims for increased evaluation of his left foot condition, service connection for right foot pes planus, and service connection for knee disabilities and low back DDD as secondary to his service-connected left foot disorder. The evidence did not establish chronicity or a nexus between these conditions and service.

The veteran's service-connected low back disability, cervical spine injury, right knee disorder, left knee disorder, and gastroesophageal reflux disease with headaches have been granted. The veteran is now rated at the maximum available rating for his low back disability as of September 19, 2001.

The Board has determined that the veteran's service-connected postoperative residuals of a fracture of the left tibia and a left knee injury do not warrant a rating in excess of 30 percent for the period from September 1, 1997.

The veteran's service-connected disabilities, including PTSD and multiple orthopedic issues, prevent her from maintaining substantial gainful employment. The Board has granted a TDIU rating.

The Board has determined that the veteran is entitled to an extension beyond September 1, 1998, of a temporary total evaluation for post-operative convalescence due to his left knee surgery.

The Board has granted service connection for bilateral hearing loss, head injury residuals, and right knee disability. The veteran's claims of increased evaluation for his hearing loss are denied as the evidence does not support a higher rating than 10 percent since October 19, 1973.

The Board denied the veteran's claims for service connection for low back and right knee disorders, sleep and nerve disorders, muscle cramps, and personality changes. The claim for reopening of a claim of entitlement to service connection for right ear hearing loss was also denied due to lack of new and material evidence.

The Board has ordered further development due to the need for additional evidence and clarification. The case is now being sent back to the RO for a right knee disability examination, including range of motion studies and tests for instability.

The Board is remanding the case to obtain clarification on a medical opinion regarding the relationship between the veteran's service-connected right knee disorder and his claimed left knee disorder. The veteran also needs to provide records of VA treatment for his right knee since June 2002, and an examination must be scheduled to assess the severity of his service-connected right knee disability.

The Board has denied the appellant's claims for service connection for a right knee disability, bilateral ankle disabilities, and poor blood circulation. The claim seeking to reopen a previously denied claim for residuals of frostbite was also denied.

The Board has remanded the case for additional development due to misaddressed notification and failure of the appellant to report for scheduled VA examinations.