Knee Board decisions

The Board found that the appellant's postoperative residuals of a herniated disc at L5-S1 were not incurred or aggravated in active service. The remaining issues on appeal are remanded for further development.

The veteran's claims for earlier effective dates for service connection of tinnitus, bilateral hearing loss, and right knee sprain have been denied as the evidence does not show that entitlement to these benefits arose prior to the dates assigned in the decision.

The Board has determined that the veteran does not have a current right knee disability and denied his claims for increased evaluations of his left ankle scar, osteomyelitis of the left tibia, residuals of a fractured left tibia and fibula, and entitlement to TDIU.

The Board has granted a 60 percent evaluation for the veteran's service-connected right knee disability, which is in line with his request. The claim will now be considered on an extraschedular basis.

The veteran's claim for an increased rating for his right knee disability is being remanded due to the need for additional development, including a VA examination and consideration of DeLuca v. Brown (1995).

The veteran's appeals for increased ratings were denied. The right knee condition is rated as 10 percent disabling, with a separate rating of 10 percent for DJD. Lumbosacral strain is also rated at 10 percent.

The Board denied increased ratings for postoperative residuals of a right anterior cruciate ligament injury and right knee arthritis with limitation of motion, finding that the evidence did not warrant higher evaluations based on the current level of disability.

The Board has determined that the veteran's service-connected left knee disorder, prior to October 26, 1998, warranted a 20 percent evaluation for status post removal of left medial meniscus with tibial osteotomy.

The Board has determined that a higher evaluation than 10 percent is not warranted for the veteran's status post synovial impingement with synovectomy of the left knee, and a 10 percent evaluation is granted for chondromalacia of the right knee.

The veteran's left total knee replacement is currently rated as 30 percent disabling, and the Board found no evidence to warrant an increase in this rating.

The Board finds that the veteran's claim for an effective date earlier than January 20, 1999, for the grant of service connection for dermatofibrosarcoma protuberans is denied. The case is REMANDED to obtain all outstanding medical records and to schedule the veteran for a VA examination.

The VA granted the veteran's claims for increased evaluations for his service-connected posttraumatic arthritis of the left ankle and patellofemoral pain syndrome of both knees, assigning a 20 percent evaluation effective May 15, 2000.

The Board denied the veteran's claims for service connection for a right leg disability, a right knee disability, and hypertension due to lack of evidence showing these conditions were incurred or aggravated by service. The RO was instructed to attempt to verify combat service and obtain medical records from identified providers.

The veteran's claim for service connection for a right knee condition is being remanded due to the need for additional medical records and information regarding worker's compensation.

The veteran's service-connected left knee conditions are rated at 20 percent for status post left medial meniscectomy and 10 percent for left knee degenerative arthritis, effective October 1, 1996.

The Board denied the veteran's claims for increased evaluations for his service-connected right knee, right tibia and fibula, and right elbow disabilities. The evidence did not support a higher evaluation under any applicable rating codes.

The Board found that the cause of the veteran's death was not due to service-connected disabilities, including his service-connected knee and back conditions.

The veteran's service-connected knee disabilities have been rated based on their current manifestations, with no higher evaluations granted.

The veteran's service-connected lumbar spine disability is severe and has prevented him from obtaining substantially gainful employment. The Board finds that the veteran should be awarded TDIU under 38 C.F.R. § 4.16(b) due to his chronic and severe lumbar spine disability.

The Board has granted increased evaluations for the veteran's right and left knee disabilities, each rated at 30 percent. The extension of a temporary total disability rating beyond January 31, 1997 for residuals of a ruptured right Achilles tendon is also granted.