Knee decisions — 2001

The Board granted service connection and assigned a 10% rating for degenerative joint disease of the right knee and osteoarthritis of the lumbar spine. The effective date was not established as it was determined that there were no early claims for special monthly compensation prior to April 11, 1997.

The Board found that the veteran's overpayment was not due to VA error and denied his request for a waiver of recovery. The decision also noted that failure to notify VA promptly regarding changes in marital status resulted in the creation of the overpayment.

The Board has denied the veteran's claim for an increased rating for his right knee disability, finding that the evidence does not support a higher evaluation than the current 10 percent.

The Board denied an increased evaluation for left knee strain, finding that the veteran's symptoms did not warrant a rating higher than the current 10 percent assigned.

The Board found that the veteran's claimed acute follicular tonsillitis was not incurred in or aggravated by service and denied his claim for service connection. The issue of entitlement to an increased rating for left knee disability remains pending.

The Board has determined that the veteran's service-connected disabilities do not prevent him from engaging in substantially gainful employment, and thus does not meet the criteria for a total disability rating based on individual unemployability.

The Board has granted a separate 10 percent evaluation for chondromalacia of the left knee and arthritis, based on limitation of motion. The veteran's claim for an increased evaluation for lateral instability or subluxation is denied as there is no more than slight impairment.

The Board denied the veteran's claims for service connection for TMJ disease and a higher rating for his right knee disability, finding that there was no evidence of a nexus to service or a service-connected condition.

The veteran's residuals of left knee laceration with quadriceps tendinitis at patellar tendon insertion are currently rated as 10 percent disabling, reflecting the functional impairment due to pain and some structural abnormality without significant limitation in motion or instability.

The Board dismissed the veteran's claim of service connection for migraine headaches as no substantive appeal was filed. The right knee disability is currently rated at 20% since November 1, 1998.

The veteran's appeal is denied as he did not require a cast for immobilization of his left knee after January 31, 1999.

The Board denied the veteran's claims for higher initial disability ratings for his left and right knee disorders, finding that they more closely approximated the currently assigned 10 percent ratings.

The Board denied service connection for arthritis of the knees, finding that it was not incurred in or aggravated by active service and is not proximately due to a service-connected disability.

The veteran's initial disability evaluations for post-operative residuals of left knee ACL and medial collateral ligament injuries, degenerative joint disease of the left knee, and degenerative disc disease at L4-5 and S1 were denied.

The Board has determined that the veteran's vocational goal of becoming a gunsmith is reasonably feasible for purposes of entitlement to vocational rehabilitation and training under Chapter 31, Title 38, United States Code.

The Board found that the veteran's right knee deformity, which was congenital and existed prior to service, did not become aggravated by his military service. As a result, the claim for service connection for this condition is denied.

The Board has denied an increased rating for residuals of right knee sprain and a prior effective date for the left knee arthritis with instability.

The Board found that the veteran's skin rash and lipomas are not related to his military service, but granted service connection for these conditions based on direct evidence. The veteran was assigned a noncompensable disability rating.

The veteran does not have current disabilities of the left foot, right knee, or left knee that are attributable to disease or injury incurred in service. The Board finds no evidence supporting these claims.

The veteran seeks compensation benefits under 38 U.S.C.A. § 1151 for a left knee disability, which he contends worsened after VA treatment in 1985. The RO denied the claim as not well grounded and has now been remanded to provide additional development.