Knee decisions — 2004

The Board has determined that the veteran's left knee disability warrants a separate rating of 30 percent for instability and 20 percent for limitation of motion, effective from January 27, 1997.

The Board has granted an effective date of July 26, 2002 for the TDIU rating based on service-connected disabilities. The veteran's combined disability rating was 60 percent at that time.

The Board denied all issues related to increased ratings for various knee conditions, finding that the evidence did not support a higher rating under VA's schedular criteria.

The VA granted an increased rating to 20 percent for post-operative residuals of internal derangement, left knee. The medical evidence shows that the veteran's left leg flexion is limited to 120 degrees and extension is limited to 10 degrees.

The Board denied the veteran's claims of service connection for PTSD, right hip disability, left hip disability, right ankle disability, left ankle disability, right knee disability, and vision problems. The decision found that there was no evidence to support a diagnosis of PTSD or any other psychiatric disorder during service or in the years following service.

The veteran's appeal is being remanded for further development and consideration of his claims, including the provision of adequate notice under the VCAA.

The Board found that the appellant's right knee disability, characterized by limited extension and flexion, does not warrant an evaluation in excess of 20 percent.

The Board denied increased ratings for the service-connected left and right knee disabilities, as well as initial compensable evaluations for the service-connected scars. The reduction of the rating for the service-connected right knee disability from 10% to no% was also denied.

The Board has remanded the issues of service connection for left knee injury and sinusitis, as well as increased ratings for bilateral hearing loss and tinnitus. The veteran's appeal is currently pending due to a need for additional development.

The Board denied the veteran's claims for service connection for bilateral knee disorder and headaches, finding no evidence of in-service injury or disease that could be linked to current disabilities.

The Board found that the veteran's bilateral total knee replacements and arthritis were not incurred in or aggravated by service, as there was no evidence of such during service or within one year post-service. The claim for service connection was denied.

The veteran's claims of service connection for residuals of a ruptured Achilles tendon, degenerative joint disease of the hips and lumbosacral spine, and residuals of injuries to the left knee and ankle are being remanded due to inadequate examination reports. The claim for higher rating for PTSD is also being remanded.

The Board denied the appellant's claims for increased ratings for his right knee injury and arthritis, finding that the evidence did not warrant a higher rating based on current medical findings.

The veteran's service-connected right and left knee strain were granted with a 10 percent rating from August 1, 1991. Service connection for a low back disorder was also granted.

The veteran's claim for service connection for a low back disorder, claimed as secondary to his service-connected left knee disorder is being remanded due to further development of the evidence. The issue of increased rating for his left knee disorder remains pending.

The Board found that the veteran's current degenerative arthritis of the right knee was not incurred in service and could not be presumed to have been incurred in service. The Board also determined that the arthritis is not secondary to his service-connected fracture of the right ankle.

The veteran's appeal is remanded due to the need for compliance with notification requirements of the Veterans Claims Assistance Act of 2000, and the need for a more contemporary examination to determine the current nature and severity of his left knee disability.

The VA denied an increased rating for the veteran's torn right medial meniscus, currently rated at 10 percent. The veteran's disability is manifested by mild loss of function.

The veteran's PTSD is rated at 50 percent effective from the date of service connection, and his left knee disability remains at a 20 percent rating.

The veteran's claim for a rating in excess of 50 percent for migraine headaches has been granted, effective from the date of the decision.