Knee decisions — 2004

The veteran's appeal is being remanded due to the inextricability of issues, and a video teleconference hearing will be scheduled for him.

The Board granted a 20 percent rating for the veteran's service-connected right knee disability effective May 2, 1995. The issue of earlier effective date is moot as the grant of a higher initial rating has been established.

The Board granted a rating of 50 percent for PTSD effective March 1, 2004. The veteran's lumbosacral strain and GERD were also rated as requested.

The veteran's appeal has been withdrawn by the veteran prior to any decision being made by the Board.

The Board found that the veteran's arthralgias of multiple joints due to service-connected ulcerative colitis do not warrant a compensable evaluation, as they are related to degenerative changes rather than active disease. The effective date for the 100% evaluation for major depressive disorder remains March 13, 2002.

The veteran's claim for an initial evaluation in excess of 20 percent for residuals of a left knee injury is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board has granted a 30 percent rating for the left knee disability prior to November 26, 1997, based on moderate impairment due to instability and arthritis. The residuals of the left ankle sprain have also been rated at 30 percent.

The Board denied the veteran's claims of entitlement to service connection for a left knee disorder, right knee disorder, and depression.

The veteran's left knee condition, including a total knee replacement and arthritis, is rated at 30 percent. His right knee disability, including degenerative joint disease, is also rated at 10 percent.

The veteran's left knee arthritis is currently rated at 10% and his right knee arthritis was also initially rated at 10%, but has since been increased to 20%. The earlier effective date issue remains unresolved.,The veteran's service connection for heart disease due to hypertension does not have a prior effective date as it became final in August 1991.

The veteran's claims for increased ratings and service connection were denied. The RO granted a 60% rating for her postoperative status, burst fracture L-1 vertebra from February 12, 2002.

The veteran's claim for an increased rating for his left knee disorder is being remanded due to the need for additional medical records and further development.

The Board denied the veteran's claims for increased ratings for his PTSD and right knee disorder, as well as service connection for a right foot disability and TDIU. The effective date of the award was not addressed in this decision.

The veteran's death was not service-connected, but he would have been entitled to DIC under the provisions of 38 U.S.C.A. § 1318 due to his continuous total disability for a period of ten or more years prior to his death.

The veteran's right knee arthritis is currently rated at 20 percent, but the Board finds that it does not meet the criteria for a higher rating due to limited functional loss and no instability or recurrent subluxation.

The Board denied service connection for headaches, but granted service connection for hepatitis B. The low back and left knee disabilities are remanded due to lack of evidence.

The veteran's right knee instability is manifested by moderate laxity, warranting a 20 percent disability rating.

The Board has granted an increased rating of 10 percent for left knee instability and arthritis, effective from July 1, 1997. The veteran's lumbar strain is currently rated at 20 percent.

The Board found that the veteran's left knee disorder did not result in instability or subluxation of the joint prior to August 23, 2000. Therefore, a compensable rating for his condition during this period is denied.

The Board denied service connection for hearing loss, left knee degenerative arthrosis, and hallux rigidus with degenerative joint disease of the first metatarsal joint of the left great toe. The veteran's left knee condition was found to be unrelated to his service-connected disabilities.