Knee decisions — 2002

The Board has denied the veteran's claims for service connection for residuals of a jaw injury, right knee disability, and an initial rating in excess of 10 percent for post-concussion headaches.

The Board has denied the veteran's claims for service connection for bilateral hearing loss and a right knee disorder, finding that there is no clear evidence linking these conditions to his military service.

The Board has determined that the veteran's left knee disability was not incurred in or aggravated by service and is not related to his right knee disability. The claim for an increased rating for a right knee disability remains denied.

The veteran's right knee disability is currently rated at 20 percent, and the appeal for an earlier effective date for temporary total compensation benefits due to a service-connected condition requiring convalescence has been denied.

The Board has determined that the appellant's current right and left knee disabilities, diagnosed as chondromalacia of the knees, were incurred during her period of military service.

The Board denied the veteran's claims for increased evaluations for his right and left knee disabilities, finding that the evidence did not meet the schedular criteria for a rating in excess of 10 percent.

The Board denied an evaluation in excess of 60 percent for a total right knee replacement, finding that the current rating was appropriate based on the veteran's symptoms and functional limitations.

The Board denied service connection for an acquired psychiatric disability, including PTSD, and a right knee disorder due to lack of evidence linking these conditions to service.

The Board has determined that the veteran's left knee disorder, characterized by severe symptoms of arthritis with limited motion and pain, warrants a 30 percent disability rating.

The Board has denied the veteran's claims for increased initial ratings for hypertension, bursitis of the right hip, spurring of the left knee, and residuals of a left great toe injury with laceration. The appeal regarding service connection for PTSD is also denied.

The Board has determined that the veteran does not have any of the claimed conditions and finds no evidence to support service connection for any of them.

The Board has denied the veteran's claims for service connection for various conditions, including memory loss, skin disorders, liver issues, subarachnoid hemorrhage, blood disorders, and left knee disorders, all of which are claimed as resulting from undiagnosed illnesses during his service in Southwest Asia. The evidence does not support a finding that these conditions were incurred or aggravated by service.

The VA determined that the veteran's right knee disability, which includes arthritis and instability, warrants a combined rating of 20 percent. The claim for an increased rating is denied.

The Board has granted an increased rating to 20 percent for the veteran's right knee disability due to limitation of motion and slight instability. The original grant of service connection remains in effect.

The Board has determined that the creation of the overpayment was due to administrative failure and not fraud, misrepresentation or bad faith. The veteran's claim for continued increased compensation rates and his daughter's Dependents' Educational Assistance (DEA) were submitted under the same cover letter in September 1995, putting VA on notice of both benefits sought. As a result, recovery of the overpayment is against equity and good conscience.

The Board has determined that new and material evidence has been submitted to reopen the veteran's previously denied claim of service connection for a left knee disability. The veteran's preservice left knee condition was aggravated by active service, warranting service connection.

The Board found no evidence of a current right knee disability and denied the veteran's claim for service connection.

The Board has determined that it does not have jurisdiction over the issue of whether a motorized wheelchair should be provided, as such decisions are beyond its authority.

The Board granted a rating of 20 percent for arthritis of the left knee and restored the previous ratings for other service-connected left knee disabilities.

The Board found that the veteran's left knee disability, manifested by pain and intermittent instability, did not meet the criteria for a higher evaluation than 10 percent.