Knee decisions — 2005

The RO granted additional, separate 50 percent ratings for limitation of extension in each knee, effective from January 18, 2005.

The veteran's left knee disability, manifested by constant pain and limited motion, does not warrant a rating in excess of the current 10 percent evaluation.

The Board has determined that the veteran's October 2000 substantive appeal to the June 19, 1999 rating decision was timely filed. The Board also found that the veteran did not submit a timely substantive appeal of the January 3, 1996 rating decision; thus, the Board does not have jurisdiction to consider an appeal stemming from that rating decision.

The veteran's low back disability is rated at 10 percent prior to June 11, 2002 and at 20 percent from June 11, 2002. The left knee disability warrants a noncompensable rating. Pseudofolliculitis barbae is rated at 10 percent. Bilateral trigger finger disabilities are each rated as noncompensable.

The Board has determined that the veteran's current left knee disability, including degenerative joint disease, is not related to service and therefore denied his claim for service connection.

The veteran's claims for service connection were denied. The Board found that the claimed skin disorders, including chloracne, are not related to his active service or herbicide exposure.

The veteran's service-connected disabilities were not continuously rated totally disabling for the required period, and he was not a former prisoner of war. Therefore, DIC benefits under 38 U.S.C.A. § 1318 are denied.

The Board has reopened the veteran's claims for service connection for right knee and low back disabilities, but these issues are remanded for further development.

The Board has decided to remand the case for additional development, including obtaining clinical data and VA examinations.

The Board denied an earlier effective date for the award of TDIU, finding that entitlement to TDIU is not factually ascertainable prior to August 1, 1990.

The Board found that the veteran's left knee disability is appropriately rated as 30 percent disabling under Diagnostic Code 5260 (limitation of flexion) and granted a separate 10 percent rating for limitation of extension, resulting in a total evaluation of 40 percent.

The VA denied an increased evaluation for the veteran's right knee disability, currently rated at 10 percent.

The veteran's claims for increased ratings for his service-connected right knee, left knee, and low back disabilities were denied. The RO found that the evidence did not support a higher rating for any of these conditions.

The veteran's initial ratings for a right knee disability were granted, with the effective dates ranging from January 25, 1994 to May 23, 1999. The RO increased the rating to 10% in February 2000 and again in August 2001. However, no higher ratings are warranted for any period of time.

The Board denied service connection for emphysema, a psychiatric disorder (claimed as anxiety and depression), and arthritis of the joints. The veteran's claims were not supported by competent medical evidence linking these conditions to his military service.

The veteran's left knee disability does not warrant more than a 20 percent evaluation on the basis of instability and subluxation. The remaining claims are addressed in the remand that follows.

The Board denied the veteran's claim for an effective date earlier than February 18, 1988 for a grant of a total disability evaluation. The veteran was granted service connection for right below-the-knee amputation but not for other conditions.

The Board has determined that the veteran does not have any current disabilities for which service connection is warranted, including those claimed as residuals of a left knee injury, loss of balance, poor memory due to a damaged lymphatic nerve, a hernia, a hearing disorder, poor eyesight, the residuals of a back injury, and a shoulder disability. The evidence does not support these claims.

The Board has remanded the case for additional development, including obtaining VA outpatient medical records and scheduling a VA orthopedic examination to assess the severity of the veteran's service-connected left knee and right ankle disabilities.

The Board denied the veteran's claims of entitlement to service connection for tinnitus, bilateral hearing loss, and bilateral knee disability.