Knee decisions — 2000

The veteran's claims for increased ratings and service connection were denied. The veteran was granted service connection for certain conditions but not all, and the RO assigned appropriate disability ratings.

The appellant's claims for service connection for various conditions, including loss of strength and motion of the shoulders, numbness in hands, foot drop, knee replacements, balance control problems, and glaucoma, are denied as there is no competent medical evidence indicating that these conditions were incurred during his military service or due to ionizing radiation exposure.

The veteran's claim for a total rating based on individual unemployability due to service-connected disabilities was granted with an effective date of May 14, 2000.

The Board of Veterans' Appeals has dismissed the motion seeking review for clear and unmistakable error in an August 1997 decision regarding service connection, increased rating, and total unemployability benefits.

The Board has determined that the veteran's claims of service connection for defective hearing and secondary service connection for a right knee disability are well grounded. The RO is instructed to obtain additional medical records, conduct VA examinations, and review the claims folder in order to determine if the veteran's current disabilities are related to his military service or service-connected conditions.

The veteran's right knee disorder is service-connected and rated at 30 percent disabling. The Board finds that the veteran has overcome his employment handicap through his current occupation as an automotive machinist, which is consistent with his abilities, aptitudes, interests, and training.

The Board has determined that the veteran's claims for service connection for a right knee disorder, gastroenteritis, rhinorrhea, and sinusitis are not well grounded. The claim of entitlement to reopen a low back disorder is denied as new and material evidence was not presented.

The Board denied increased ratings for the veteran's service-connected chondromalacia of both knees, finding that the evidence did not warrant a higher rating based on current symptoms and examination findings.

The VA determined that the veteran's right knee disorder, which is currently rated as 10 percent disabling under Diagnostic Code 5257 (slight impairment of the knee), does not warrant a higher rating based on current examination findings.

The Board denied an increased evaluation for the veteran's right knee disability, finding that it did not meet the criteria for a higher rating due to slight impairment of subluxation or lateral instability.

The Board has determined that there is no competent evidence of a nexus between the veteran's claimed conditions and his period of service. Therefore, the claims for service connection are denied.

The Board denied the appellant's claims for increased ratings for his knee disabilities and did not find new and material evidence to reopen the claim for service connection for arthralgia of the hips, shoulders, hands, elbows, and spine. The decision also dismissed the claim for service connection for a disability of the upper and lower back.

The Board has determined that the veteran's current evaluations for residuals of right and left knee injuries are appropriate at 10 percent, as there is no evidence of more than slight impairment or instability. The RO reduced these evaluations from 20 to 10 percent based on improvement in the veteran's condition.

The veteran's appeal is being remanded due to the need for further development and adjudication of his claims, including increased ratings for his service-connected disabilities and secondary service connection for a left hip disability.

The Board denied the veteran's claims for service connection for a mood disorder and for a total disability rating based on individual unemployability due to service-connected disabilities. The claim for service connection was not well-grounded, as there is no evidence linking the current mood disorder to service or to a service-connected condition. The claim for a total disability rating was denied because the combined disability rating does not meet the percentage criteria of 38 C.F.R. § 4.16(a).

The Board has determined that the veteran's claims for increased ratings are denied due to inadequate evidence and need further examination.

The Board has granted a rating of 10 percent for the veteran's right knee injury, status post meniscectomy, based on instability. Additionally, it has granted a separate 10 percent rating for arthritis in the right knee. The overall disability picture supports these ratings.

The Board has granted service connection for residuals of a left knee injury and set the effective date to August 2, 1956.

The Board found that the reductions of ratings for the veteran's service-connected right and left knee disabilities were proper, but did not meet criteria for restoration or assignment of compensable ratings since the October 1, 1995 and February 1, 1996 reductions.

The veteran's death was due to an acute myocardial infarction, presumed to have been incurred during his service as a former prisoner of war (POW). The Board granted the claim for service connection for the cause of death.