Knee decisions — 2000

The veteran's right knee disability is currently rated as 20 percent disabling. The Board has determined that further development, including a new VA examination and consideration of whether separate ratings are assignable for varying manifestations, is required.

The Board has determined that the veteran's claims for service connection are not well-grounded, and thus denied. The appeals were based on various conditions including right shoulder disorder, ear infections (manifested), tinnitus, right hip disorder, PTSD, left ankle disorder, left knee disorder, and gout.

The veteran's appeal is being remanded due to his failure to appear for a scheduled Travel Board hearing. The case will be rescheduled for a personal hearing before the Board of Veterans' Appeals.

The veteran's claim for non-service-connected disability pension benefits was granted effective February 7, 1994. The RO denied his claims for right knee and back disabilities as not service connected.

The Board denied the veteran's claims of service connection for PTSD, hypertension, bilateral knee disabilities, and sinusitis. The right wrist disability claim was not well-grounded. Service connection could not be established due to lack of a current diagnosis or evidence linking these conditions to service.

The Board has granted service connection for patellar tendinitis and degenerative changes in both knees, as well as for amblyopia of the right eye. The claim for increased rating for lumbosacral strain is denied.

The Board has determined that the veteran's claims for service connection are not well grounded for several of his conditions, including headaches, right shoulder disability, low back pain, bilateral knee disability, impotency, and shortness of breath. The claim for PTSD is considered well-grounded.

The Board has denied the veteran's claim for an extension of a temporary total disability rating beyond June 30, 1998 due to surgeries related to his right knee disability.

The Board found that there is no evidence of a current diagnosis or disability of the right knee, and thus denied the veteran's claim for service connection.

The Board has determined that the veteran's claim for service connection of a psychiatric disability as secondary to his service-connected disabilities is not well-grounded. The claims for increased ratings and evaluations for the right knee and low back disability are remanded due to insufficient medical evidence addressing functional limitations.

The veteran incurred medical expenses for right knee swelling, but the treatment was not authorized by VA and did not meet the criteria for reimbursement due to lack of a medical emergency. The appeal is denied.

The Board has determined that the veteran's claims for service connection are not well grounded. The current evaluation of 50 percent for anxiety reaction is maintained as there is no clear and unmistakable evidence to rebut the presumption of soundness at entry into service.

The veteran's service-connected left knee disability has been confirmed. The claim for right knee disability is not well grounded. A 30% evaluation was granted for post-traumatic stress disorder prior to September 18, 1998, and a 100% rating from that date onwards.

The veteran's disabilities, including depression, right knee instability, and sleep apnea, do not meet the criteria for a permanent and total disability rating for pension purposes.

The VA determined that the appellant's post-operative residuals of a right knee injury do not warrant a rating higher than 10 percent, as his symptoms are described as pain with strenuous activity and slight functional impairment.

The Board determined that the veteran's left knee disability and headache disorder were not incurred or aggravated by service, and denied both claims.

The Board found no competent evidence of a current right knee disorder and denied the veteran's claims for service connection for right and left knee disorders.

The Board found that the veteran's claims for service connection were not well-grounded and denied them.

The Board has denied the veteran's claims for increased ratings for his left knee injury and cutaneous numbness of the left lateral knee, finding that there is no evidence of exfoliation, exudation or itching on an exposed surface or extensive area for chronic dermatitis.

The veteran's claim for waiver of recovery of an overpayment of improved disability pension benefits was denied because the Board found that there was a considerable degree of fault on the part of the veteran in creating the overpayment by failing to report his Civil Service annuity. Recovery would not be against the principle of equity and good conscience.