Knee decisions — 2001

The Board has determined that the veteran's claims for service connection and increased rating are not well-grounded, and a remand is required to obtain additional development under the Veterans Claims Assistance Act of 2000.

The appellant is not eligible for DIC or death pension benefits as an adult helpless child of the veteran due to her marriage termination date.

The Board found that the veteran's bilateral hearing loss, tinnitus, tendonitis of the elbows, and residuals of a left knee injury were not related to his active service. The exposure to fuels, halon, asbestos, and choking in altitude chambers was also not supported by evidence.

The veteran's claim for an increased rating and earlier effective date for his service-connected traumatic arthritis of the left knee is being remanded to allow for further development and consideration.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 for left below-the-knee amputation has been dismissed due to the death of the veteran.

The Board denied service connection for back and left knee disorders, as well as an increased evaluation for shell fragment wounds of the head. The decision was based on the lack of evidence linking these conditions to service.

The Board denied a permanent and total disability rating for pension purposes, finding the veteran's disabilities did not meet the criteria. The decision was based on his left knee disorder and hypertension.

The Board determined that the veteran's bilateral knee disorders were incurred during his active service and granted service connection.

The Board denied the appellant's petition to reopen his claim for service connection for residuals of a right knee injury, finding that new and material evidence had not been submitted.

The Board has determined that the veteran's service-connected right knee disability does not warrant a rating in excess of 20 percent for postoperative residuals, and a separate 10 percent rating is assigned for degenerative arthritis. The current ratings are found to be appropriate based on the evidence of record.

The veteran's claim for an increased evaluation for Reiter's syndrome with bilateral plantar fasciitis and arthralgias of knees, sacroiliac joints, and left shoulder is being remanded due to the need for additional development including obtaining recent medical records and a VA examination.

The veteran's claims for service connection for a chronic respiratory disability and increased evaluations for his knee disabilities were denied. The RO found that the veteran did not have a chronic respiratory disability related to his active service, and that the current evaluations for his knees are appropriate based on the severity of his symptoms.

The veteran's appeal was denied for service connection of a low back disorder and for increased evaluations for PTSD, post-traumatic migraine headaches, tinnitus, residuals of a left knee injury with post-traumatic arthritis, status post excision of fibromatosis with residual scar, and mid-occipital scalp scar. The RO confirmed noncompensable ratings for hearing loss and scar, residual of a left temple gunshot wound.

The veteran's request for waiver of recovery of an overpayment of improved pension benefits in the amount of $6,913 was denied because collection would not be against equity and good conscience. The issue is currently on appeal.

The Board has granted an increased rating to 20 percent for the veteran's right knee disability, finding that his limitation of motion is equivalent to extension to 15 degrees and flexion to 120 degrees.

The veteran's bilateral hearing loss disability was not incurred in service and is denied.,Service connection for a left hip disorder is denied as the condition is not considered to be proximately due to or the result of his service-connected shrapnel wound to the left thigh. However, secondary service connection for a left knee disorder is granted as it is aggravated by his service-connected disability.

The Board denied an increased evaluation for postoperative arthrotomy of the left knee with residual instability and service-connection for degenerative joint disease of the left ankle.

The veteran's claims for increased ratings for degenerative disk disease of L5-S1 and chondromalacia of the left knee were denied as his conditions did not warrant a higher rating under VA regulations.

The Board determined that the December 1993 rating decision was clearly and unerroneously erroneous, and granted service connection for left knee disability with recurrent ganglion cyst effective from November 21, 1991.

The veteran died due to a severe concussion resulting from a motor vehicle accident. The Board found that the cause of death was his own willful misconduct, as evidenced by his high blood alcohol content at the time of the accident.