Knee decisions — 2001

The veteran's appeal was dismissed because she did not file a timely substantive appeal for the increased evaluations assigned for her service-connected conditions.

The veteran's service-connected disabilities (left total knee arthroplasty, right ear hearing loss, and tinnitus) are evaluated as 70 percent disabling. The combined disability rating is 70 percent, meeting the criteria for a total disability rating based on individual unemployability due to service connected disabilities.

The Board finds that the veteran does not currently have a diagnosed left leg or right knee disorder. Therefore, service connection for these conditions is denied.

The Board has determined that the veteran's bilateral leg and left shoulder disorders are not related to his military service, and his bilateral knee disorder is due to congenital conditions. The claims for these conditions have been denied.

The veteran's service-connected degenerative joint diseases of the left wrist, thoracic spine, right knee, left knee, and lumbosacral spine are currently rated at 10 percent each. The RO has denied his claims for higher ratings.

The Board has determined that the veteran's degenerative joint disease of the bilateral knees and hips was incurred as a result of his active service, including parachute jumping and helicopter-borne air assault activities in Vietnam.

The veteran's appeal is denied as his left knee disability, rated at 20 percent, does not meet the criteria for a higher rating.

The Board has determined that there is no evidence of current disabilities related to the veteran's service, and thus, denied his claims for service connection for right knee, right elbow, and left ankle disabilities.

The veteran's claim for vocational rehabilitation training was denied as he has overcome employment impairment caused by his service-connected disabilities and currently does not have an employment handicap.

The Board denied increased evaluations for the veteran's shell fragment wound disabilities, finding that the current ratings adequately reflected the severity of his conditions.

The Board has granted a waiver of recovery for the overpayment of improved nonservice-connected disability pension benefits, finding that repayment would not cause undue financial hardship and defeating the purpose for which the benefits were intended.

The veteran's appeal is denied as the RO properly assigned a 40 percent rating for lumbosacral strain and granted service connection for residuals of an injury to the sacrum and coccyx with a 10 percent rating. The appeals for increased ratings, compensable evaluations, and total disability based on individual unemployability due to service-connected disabilities are also denied.

The veteran's right knee has been evaluated as having ligamentous laxity with additional manifestations of limitation of motion and periarticular pathology productive of painful motion. The RO denied the claims for increased evaluations.,The veteran's left knee was found to have instability, warranting a 10 percent evaluation.

The veteran had a service-connected disability but did not have any dependents or informally claim additional benefits at the time of his death. The VA denied the appellant's request for accrued benefits.

The Board granted service connection for right elbow epicondylitis and increased ratings for the veteran's left knee, right knee, and left elbow disabilities. The hearing loss claim was denied.

The Board found that the RO's decisions denying service connection for PFB and a right knee disorder in August and October 1977 were not based on clear and unmistakable error (CUE). The veteran's claims were denied as there was no evidence of disease or injury incurred during service, and the conditions were considered developmental disorders.

The Board has reopened the veteran's claim for service connection of a left knee disability and determined that new evidence submitted since the final denial supports this claim. The Board also found that the current left knee disorder began during active military service.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for a right knee disorder secondary to left knee disability. The veteran's current right knee condition is found to be related to his service-connected left knee disability.

The veteran's service-connected disabilities, including his left knee disability and left peroneal nerve palsy, do not alone preclude him from securing or following a substantially gainful occupation.

The Board found that new and material evidence has not been submitted to reopen a claim of entitlement to service connection for a right ankle disability. A rating in excess of 10 percent for postoperative residuals of a right knee slocum procedure is denied.