Knee decisions — 2002

The Board has dismissed the appeal due to the appellant's withdrawal of all appeals.

The Board has determined that the current evaluations for the veteran's service-connected left knee disabilities are appropriate and do not warrant an increased evaluation.

The Board has granted increased ratings for the veteran's low back disability and left knee disabilities, but denied a compensable rating for his right knee disability.

The Board found that the veteran died from a self-inflicted gunshot wound to the head, and his death was due to depression caused by primary alcohol abuse disorder. The service connection for the cause of death is denied as there is no evidence linking the veteran's manic-depressive/bipolar disorder to his military service.

The Board has determined that the veteran's left knee disability is not related to his service-connected left ankle disability and thus, denied the claim for service connection.

The veteran's death was not caused by a service-connected condition, nor did any such condition contribute to his death. The Board denied the claim for service connection for the cause of the veteran's death.

The Board has granted the veteran's claim for nonservice-connected pension benefits, effective from July 20, 1998. The veteran's receipt of Social Security benefits based on old age, survivors' status or disability insurance is properly included as countable income in computation of his pension benefits.

The veteran's left knee disability is currently rated at 30 percent, and his nerve injuries are also rated at 20 percent. The RO has granted these ratings.

The veteran's claim for a permanent and total disability rating for non-service-connected pension purposes was denied as he failed to report for scheduled VA examinations.

The Board has determined that the veteran's right knee disability, which is currently rated at 10 percent disabling under Codes 5299-5257, warrants a higher rating. The RO increased the rating to 10 percent in March 2002.

The Board found no evidence of a bilateral leg and/or knee disorder related to the appellant's service, specifically her ACDUTRA. The claim for service connection is denied.

The veteran is granted a 40 percent rating for low back pain and herniated nucleus pulposus of L5-S1 with facet sclerosis of the lumbar spine prior to July 22, 1999.,The veteran's right knee instability is rated as moderate impairment.

The veteran's thoracic spine strain syndrome was incurred during military service.,There is no evidence to support the claim of a lumbar spine disability being incurred during military service. However, resolving doubt in favor of the veteran, mild valgus instability and tenderness over the medial collateral ligament of both knees were found to be related to his military service.

The veteran's right knee disability is currently rated as 10 percent disabling, and his claim for service connection of a left knee disorder was denied. The Board found that the evidence did not support an increased rating or service connection.

The VA has denied an evaluation in excess of 20 percent for the veteran's service-connected internal derangement, right knee, post-operative. The current evaluation reflects arthritis with painful motion and instability.

The Board found that the veteran's arthritis of the knees and back disorder are not proximately due to his service-connected diabetes mellitus.

The veteran is found unable to secure or follow a substantially gainful occupation due to his service-connected disabilities, resulting in a total disability evaluation based on individual unemployability.

The Board denied the veteran's claim of entitlement to service connection for a right knee disorder and arthritis, finding no evidence linking these conditions to active duty.

The Board denied the veteran's claims for service connection for the cause of his death and entitlement to dependents' educational assistance, finding that arthritis did not substantially contribute to his death.

The May 23, 1946 rating decision denying service connection for a left knee disorder is not considered to contain clear and unmistakable error. The veteran's claim of entitlement to an effective date prior to April 15, 1999 for the grant of service connection for arthritis of the left knee is denied.