Knee Board decisions

The Board has determined that the veteran's current bilateral knee disabilities were not incurred during service and denied his claim for service connection.

The Board denied the claim for service connection for a right knee disability due to an August 1946 rating decision, finding no clear and unmistakable error (CUE). The evidence at that time did not support granting service connection.

The Board denied the veteran's claim for an earlier effective date for service connection of right knee traumatic arthritis, finding that the initial claim was filed over 28 years after separation from service and no prior formal claims existed. The effective date remains October 4, 1996.

The Board denied the veteran's claims for service connection and evaluations of his knee disabilities, as well as residuals of a left 5th metatarsal fracture. The issues were all characterized as being denied.

The Board has determined that an effective date of January 28, 1997 is warranted for the award of a 60 percent disability rating for the residuals of left total knee replacement.

The Board has granted an initial rating of 10 percent for the service-connected residuals of a gunshot wound to the right thigh, effective from February 17, 1999. The claim for increased evaluation for the residual injury of the right knee is pending.

The Board has granted service connection for carpal tunnel syndrome of the right hand and retropatellar arthralgia of the left knee, both rated at 10 percent effective November 26, 1998. The veteran's initial claims for increased evaluations were denied.

The veteran's service-connected bilateral knee disabilities have rendered him unable to obtain or retain substantially gainful employment, and his claim for a total disability rating based on individual unemployability is granted.

The RO granted service connection for the veteran's right knee disorder and assigned a zero percent (noncompensable) evaluation effective from July 25, 1998. However, the appeal is being remanded due to new law requirements.

The veteran's appeal is remanded due to the failure to schedule a video hearing before the Board at the RO. The case will be returned to the RO for scheduling such a hearing.

The veteran's claim for an increased rating for his service-connected Osgood-Schlatter disease of the right knee is remanded due to discrepancies in clinical findings and need for further development, including a VA examination.

The veteran's cervical spine, right knee, and headache disabilities were granted increased ratings. The PTSD rating was also granted, but the left corneal scar did not meet the criteria for an increased rating.

The veteran's claim for increased rating and total disability based on individual unemployability due to service-connected disability is being remanded for additional development of his medical records.

The VA has determined that the veteran's right knee disorder, characterized by chondromalacia and bipartite patella, does not warrant a disability evaluation in excess of 20 percent.

The Board determined that the veteran's service-connected postoperative residuals of internal derangement of the right knee warrant a 20 percent evaluation, based on moderate impairment. The appeal was denied.

The Board found that the veteran's right knee instability, lumbar strain, and degenerative arthritis of the cervical spine do not warrant evaluations in excess of the currently assigned 10 percent ratings.

The Board has granted increased evaluations for the veteran's right knee instability and arthritis, as well as his left ankle degenerative joint disease. The current ratings are 10 percent for each condition.

The Board granted a 30 percent rating for the service-connected right knee disability, status post medial meniscectomy with atrophy. The schedular criteria for an initial rating exceeding 20 percent were not met as of November 20, 1990, and the schedular criteria for a rating exceeding 40 percent were met as of October 5, 1998, for the lumbosacral spine disability. A total rating based on individual unemployability due to service-connected disabilities was granted.

The veteran's claims for service connection and increased ratings were denied as not well grounded. The RO certified these issues to the Board, which is now remanding them for further development.

The veteran's claim for service connection for a low back disorder and left knee disorder was denied. His claim for an increased evaluation for his left elbow fracture with post-traumatic arthritis was granted, with the effective date set at January 23, 1996.