Knee decisions — 2000

The Board has determined that the veteran does not currently suffer from residuals of a right ankle sprain. The claims for service connection for left knee disorder, short-term memory loss, loose stools, and asthma are being remanded to obtain additional development.

The Board has determined that the veteran's right knee disorder was not incurred during military service and denied his claim for service connection.

The veteran's appeals for increased ratings for his left knee and right hip disabilities were denied, while the appeal for individual unemployability due to service-connected disabilities was also denied.

The veteran's claims for increased evaluations of his service-connected disabilities were denied. The RO discontinued the service-connected disability of residuals of an injury to the left shoulder and assigned a 10 percent evaluation for degenerative joint disease of the left shoulder and a 20 percent evaluation for an injury to the left axillary nerve, effective October 6, 1993.

The Board denied secondary service connection for back and right knee disabilities, granted a 10 percent rating for the right ankle disability, but denied an increased rating for residuals of shell fragment wounds to the right thigh.

The Board has denied the veteran's claims for service connection for various conditions, including stomach problems, weight loss and strength loss, chest pain, violent temper (PTSD), memory loss, intermittent explosive disorder, and bilateral knee disorders. The issues were not decided in a manner consistent with proper procedural requirements.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for a right knee disability, and thus the claim is granted.

The Board has granted service connection for arthritis of the left hip as secondary to the veteran's service-connected right knee disability and has also granted an increased evaluation for his postoperative residuals of a right knee injury.

The Board has determined that the veteran's overpayment of disability compensation benefits should be waived for a portion covering December 1, 1994, through March 31, 1998. However, recovery is denied for the period from October 1, 1994, through November 31, 1994.

The veteran's degenerative joint disease of the left knee and instability were rated at their maximum allowable under VA rating criteria.

The Board denied the veteran's claim for service connection for a left below knee amputation as secondary to his service-connected residuals of an osteotomy for hallux valgus of the left big toe.,The Board also denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 for a right shoulder disability due to treatment at a VA facility.

The VA denied an evaluation in excess of 10 percent for the veteran's right knee disability, which was already rated at 10 percent due to post-operative medial meniscectomy and hypertrophic arthritis.

The Board has granted increased ratings for the appellant's right shoulder disorder, left shoulder disorder, and residuals of a left knee shell fragment wound.

The Board previously denied service connection for the veteran's right knee disability, but the U.S. Court of Appeals for Veterans Claims vacated this decision and remanded it to the Board due to conflicting opinions on whether the veteran was in active service at the time of his injury.

The Board has determined that the veteran's claim for service connection is well grounded, and he should be compensated for the additional disability due to aggravation of his left knee chondromalacia.

The veteran's right wrist sprain, major depression, and lateral meniscus tear of the left knee are all currently rated at their maximum levels. The claims for increased evaluations have been granted.

The veteran's claim for a higher rating for his service-connected postoperative residuals of an anterior cruciate ligament tear of the right knee is being remanded due to inadequate examination findings. The case will be returned to the RO for further development, including scheduling a VA orthopedic examination.

The Board has determined that the veteran's pre-existing right knee condition was aggravated by service, leading to a permanent increase in impairment. Service connection is granted for joint instability of the right knee.

The Board has determined that the veteran's knee disabilities do not warrant a rating in excess of 10 percent from October 1995.

The veteran's claims for service connection and increased evaluation have been granted. Service connection has been established for residuals of a right shoulder injury, tinnitus, and left knee disorder. The veteran is currently receiving a 10 percent evaluation for his compression fracture at L1.