Knee decisions — 2004

The Board has remanded the case for further development, including obtaining additional medical records and scheduling a VA examination. The veteran's right knee disorder and low back disorder are both being evaluated.

The veteran's varicose veins of the right and left legs are rated at 30% each, his seizure disorder is rated as noncompensably disabling (10%), and his weak left knee disorder is rated at 10%. His bilateral hearing loss remains noncompensably disabling.

The Board has remanded the case for additional development due to VCAA requirements.

The veteran is seeking service connection for a right knee disorder that he claims is secondary to his service-connected chrondromalacia patella of the left knee. The case has been remanded due to incomplete records and need for additional medical opinions.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to determine if his left knee disorder is related to service.

The Board found that the appellant does not have additional disability as a result of the 1983 left knee valgus proximal tibial osteotomy and there was no carelessness, negligence, lack of proper skill, error in judgment, or other incident or fault on the part of VA. Therefore, compensation under 38 U.S.C.A. § 1151 is denied.

The Board has determined that the veteran's right knee disability is limited to mild degenerative arthritis, some limitation of flexion (noncompensable), with complaints of pain and no objective evidence of recurrent subluxation or lateral instability. The current rating of 10 percent for residuals of a right knee injury is maintained.

The Board found no evidence of a current right knee or back disorder, nor any link between service and these conditions. The claim for service connection was denied.

The Board has determined that it is necessary to address whether the veteran's substantive appeal was received in a timely manner for his claim of an increased rating for left knee disability. The veteran has been given the opportunity to request a hearing before the Board.

The Board has determined that the veteran's service connection for multiple lipomas, claimed as secondary to herbicide exposure, is granted. The effective date remains pending further review.

The veteran's appeal is being remanded for additional development, including a comprehensive VA examination to assess the extent of his service-connected disabilities and associated symptoms.

The veteran's right knee disability is currently rated at 30 percent, and the Board found that a higher rating was not warranted based on the current evidence. The claim for separate compensable ratings for right knee scars remains pending.

The Board has remanded the case for further development, including a VA examination to determine if the veteran's left knee disability is related to service or secondary to his right knee disabilities. The issue of whether the veteran's current left knee disability began during service will also be addressed.

The veteran's claims for service connection were denied as there is no evidence of a current disability, or that any such disability was incurred in or aggravated by service.

The Board has determined that the veteran's service-connected disabilities alone preclude him from securing or following substantially gainful employment, and thus grants a TDIU with a combined rating of 70 percent.

The veteran's service-connected left thumb and index finger disabilities are rated at 40 percent combined. The right little finger disability is rated as noncompensable.

The Board denied the veteran's claim for an earlier effective date of June 21, 1993 or any date earlier than has been assigned for the grants of service-connected disability benefits. The veteran was granted service connection and increased ratings for various conditions but there is no evidence that a claim was submitted prior to April 30, 1996.

The veteran's appeal is being remanded to the RO for an opportunity to provide testimony at a Travel Board hearing. The case will be further reviewed and decided based on the new information provided.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling the veteran for an appropriate VA examination to assess his service-connected disabilities and their impact on his employment.