Knee decisions — 2005

The Board denied the veteran's claims for service connection and a higher rating for his left knee disorder and dorsal spine disorder, finding no evidence of current disabilities or causation during service.

The veteran's right femur fracture residuals are currently rated at 30 percent, and the claim for an increased rating is denied. For financial assistance in purchasing a vehicle or adaptive equipment, the criteria have not been met.

The Board denied the veteran's claim for service connection of a low back disability as secondary to his service-connected right knee disability, finding that there was no evidence showing a causal relationship between the two conditions.

The Board finds that the veteran's right knee condition more nearly approximated the criteria for residuals of a knee replacement, warranting a combined rating of 60 percent prior to March 14, 2003. From May 1, 2004, the RO assigned a separate 10 percent rating for instability under Diagnostic Code 5257 in addition to the 60 percent rating for residuals of total right knee replacement.

The Board has determined that new and material evidence has been received to reopen the veteran's claim for service connection for a left knee disorder. The Board also found that there is at least equipoise evidence regarding whether the current left knee disability was incurred in service, thus granting service connection. For the low back disorder, the January 2002 private orthopedic examination provided competent evidence of a current disability and a link to service, leading to the grant of service connection.

The veteran's left knee disability is rated at 20 percent, effective from December 16, 2004. The right ankle scar is rated at 10 percent, also effective from December 16, 2004.

The Board denied the veteran's claims for increased ratings for her bilateral knee disabilities, finding that the schedular criteria were not met for an evaluation in excess of the current assigned percentages.

The veteran's right knee disability, including his total knee arthroplasty, is currently rated at 30 percent effective from June 1, 1996.

The Board has determined that the veteran's service-connected right knee disability does not warrant a combined rating in excess of 40 percent.

The Board denied an evaluation in excess of 40 percent for right knee disability prior to September 21, 1998, and from November 1, 1998 to November 1, 2001. The claim was also denied for an evaluation in excess of 60 percent for right knee disability effective January 1, 2003.

The Board denied the veteran's request for an extension of a temporary total evaluation under 38 C.F.R. § 4.30 prior to June 25, 1999 and beyond July 31, 1999 due to lack of evidence supporting such an assignment.

The veteran's appeal is being remanded for additional development, including a new VA examination and notification of the VCAA requirements.

The Board has denied service connection for a bilateral ankle disorder due to lack of evidence showing such an injury or disease in service. Service connection was not granted for the veteran's low back and bilateral knee disorders as further medical examination is needed.

The Board denied service connection for medial meniscectomy of the right knee and left knee degenerative arthritis, finding that the veteran's pre-existing conditions did not worsen during service.

The Board denied the veteran's claims for service connection for bilateral knee and right hip disabilities, as well as his claim to reopen a previously denied claim of service connection for bilateral hearing loss. The decision also addressed an initial rating for the service-connected right ankle disability and TDIU benefits.

The Board denied the veteran's claim for an effective date prior to June 21, 2002, for a 20% disability rating for his right knee injury. The evidence did not show that he met the criteria for this rating before that date.

The veteran's combined disability rating for his left knee conditions (residuals of a left knee injury and degenerative arthritis) is currently at 30 percent. He seeks an increased rating, but the current ratings are considered appropriate based on the evidence provided.

The Board denied the veteran's claims for service connection for various conditions, finding that new and material evidence had not been received to reopen any of these claims. The veteran was also denied service connection for hepatitis.

The Board has remanded the veteran's PTSD and TDIU claims for further development, including obtaining VA treatment records and scheduling the veteran for a comprehensive psychiatric and orthopedic examination.

The Board has denied the veteran's claim for service connection for a right knee disability, finding that there is no medical evidence of a nexus between his current condition and any incident of service.