Knee decisions — 2000

The Board has granted an increased evaluation of 20 percent for post-traumatic left knee strain and has also granted a separate evaluation of 10 percent for traumatic arthritis in the left knee. Service connection is granted for osteoarthritis of the hips as secondary to service-connected left knee disability.

The veteran's left knee disability is not service-connected.,The veteran's right knee disability has been granted increased evaluations.

The Board found no credible evidence of an in-service occurrence or aggravation of a left knee disability and denied the veteran's claim for service connection.

The Board denied service connection for tumors of nerves (Morton's neuroma) of the left foot and a right knee disorder, claimed as secondary to the left foot condition.

The Board has dismissed the appeals for increased ratings and service connection issues due to lack of timely filed substantive appeals. The claim for service connection for headaches is not well grounded.

The Board denied the veteran's claims for higher evaluations for his left knee and right index finger disabilities, as well as service connection for chest pain and a skin disorder. The RO granted service connection for residuals of a left knee injury with a 10% evaluation and for residuals of an injury to the right index finger without assigning any compensable evaluation.

The Board has determined that the appellant's service-connected disabilities, including his lumbar spine disorder and right knee disability, are severe enough to prevent him from securing or following a substantially gainful occupation. The cervical spine disorder is not found to be related to service or any other service-connected condition.

The Board has restored the previously assigned 30 percent disability rating for the service-connected left knee injury with chronic traumatic synovitis, finding that the veteran's condition does not demonstrate sustained improvement under ordinary conditions of life.

The Board has determined that the veteran's right knee disability, characterized as lateral tracking of patella with recurrent subluxation or instability, warrants a rating of 10 percent based on its current symptoms and functional impairment.

The veteran's claims of service connection for diabetes and a skin disorder, as well as the reopening of his claim for right knee disorder, were denied in an April 1994 rating decision. The veteran did not file a timely appeal within one year of receiving notice of this denial.

The Board has restored the veteran's left knee disability rating to 60 percent and granted a 10 percent rating for his right knee arthritis. The issues of service connection for low back disability, restoration of left knee rating, and increased rating for right knee arthritis are all resolved in favor of the veteran.

The Board has determined that the veteran's claims for service connection for low back and right knee disabilities as secondary to service-connected right ankle disability are well grounded. The case is remanded for further development.

The Board has determined that a compensable rating for bilateral otitis media, with hearing loss, is denied. The issues involving the ratings of the veteran's right knee and right shoulder disorders will be addressed in the remand portion of this decision.

The Board has determined that the veteran's claims for service connection for a visual disorder and a right knee disorder are not well-grounded. The evidence does not establish current diagnoses or a link to service.

The Board has determined that the initial noncompensable ratings for right and left knee patellofemoral pain syndrome were not appropriate, and a higher evaluation of 10 percent is granted.

The Board has granted the veteran's request for waiver of recovery of an overpayment of Vocational Rehabilitation Subsistence Allowance in the amount of $312.32, finding that recovery would be against the principles of equity and good conscience.

The Board denied service connection for a cervical spine disability (other than left TOS) and the propriety of initial noncompensable rating for postoperative residuals of a right knee laceration, but granted an increased 20 percent rating for left thoracic outlet syndrome.

The Board denied the appellant's claims for service connection for residuals of right inguinal hernia repair, bilateral knee disorder, bilateral ankle disorder, back injury, and head injury. The claim for service connection for bilateral knee disorder was reopened due to new evidence submitted by the appellant.

The Board has granted a 10% evaluation for the veteran's post-surgical meniscus tears with scars, right knee from October 13, 1995 to January 29, 1996.