Knee decisions — 2004

The Board has granted service connection for residuals of a left knee injury and a skin condition, finding that both conditions were incurred during active military service.

The Board denied the veteran's claims for service connection for a left knee injury, right knee injury, and sinusitis due to insufficient evidence of current disabilities.

The veteran's claim for an initial disability rating in excess of 10 percent for residuals of left knee strain with tendonitis was granted, and he is currently rated at 10 percent.

The Board dismissed the veteran's appeal because his substantive appeal was not timely filed within one year of notification of the March 2000 rating decision and more than six months after issuance of the August 13, 2001 SOC.

The veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and conducting a VA examination to assess the severity of his service-connected skin condition.

The veteran's claims for service connection for right and left knee disabilities, inflammatory pelvic disease, status post laparoscopy, and acute sinusitis with allergies are being remanded due to the need for additional development.

The Board has granted service connection for a left knee disorder and denied service connection for a psychiatric disorder. The veteran currently has a diagnosed left knee disorder that began during his active duty, while the psychiatric disorder is not related to any incident of service.

The Board has granted an increased rating to 40 percent for the veteran's right knee disability, which includes arthritis with limitation of motion. The previous 10 percent rating is maintained.

The veteran's appeal is remanded for additional development, including obtaining updated medical records and forwarding a VA Form 21-8940 to the veteran. The RO must ensure compliance with VCAA notice requirements.

The Board denied the veteran's claims for service connection for PTSD, a back disorder, a bilateral knee disorder, and a bilateral foot disorder. The conditions were found to not be incurred in or aggravated by active service.

The veteran's claim for an increased evaluation for his service-connected right knee disability is being remanded due to inadequate examination and incomplete development of the record.

The Board has determined that the veteran's service-connected right and left knee disabilities do not warrant a compensable evaluation for the periods specified, with the exception of the December 6, 2002 to present period for each knee where an evaluation in excess of 10 percent is denied.

The Board has determined that the veteran's residuals of medial meniscectomy with ACL reconstruction on the left knee warrant a 30 percent evaluation, reflecting severe recurrent subluxation or lateral instability. The issue of entitlement to an evaluation in excess of 10 percent for left knee arthritis is not addressed as it does not meet the criteria for such a rating.

The Board denied the veteran's request for an increased evaluation of his right knee disability and service connection for a left knee disability secondary to the right knee disorder.

The Board has remanded the case for additional development due to a lack of recent medical examinations and consideration of new evidence.

The Board has determined that the veteran's current left knee disability, including arthritis of the left knee, is due to a traumatic injury dating back to September 1959 and was not caused by any incident or event during his service. The Board also found no evidence of such disability being present within one year after separation from active military service in September 1960.

The Board has granted a 10 percent rating for the postoperative residuals of left knee meniscectomy with traumatic arthritis and instability, finding that the veteran's disability does not meet criteria for higher ratings due to instability.

The veteran's major depression is rated at the highest possible evaluation of 100 percent. The left knee sprain, internal derangement of the left knee, and right knee strain are all rated at the maximum available evaluations of 10 percent each. Migraine headaches with blackouts have been evaluated as 10 percent disabling.

The Board has remanded the case for additional development and consideration of new evidence, as well as to ensure compliance with VCAA requirements.

The Board has determined that the veteran is entitled to a rating of 20 percent for his right knee disability prior to May 21, 2001 and a rating of 60 percent as of July 1, 2002.