Knee decisions — 2002

The Board found that the veteran knowingly submitted false medical certifications to gain increased compensation benefits, leading to forfeiture of his VA benefits.

The Board found that the veteran's current left leg and knee disabilities are not related to his service, including a 1954 jeep accident. The claim was denied as there is no medical evidence of a nexus between the current conditions and service.

The Board denied an increased rating for the veteran's service-connected post-operative residuals of a right knee injury, finding that the evidence did not support a higher than 20 percent evaluation.

The Board has granted increased ratings for the veteran's right knee and left knee disabilities, but denied an increased rating for his low back disability. The head injury with headaches, ringing of the ears, and occasional double vision is rated at 10 percent.

The Board found that the right knee disorder was not incurred in or aggravated by active service and is not proximately due to or the result of service-connected residuals of a left patellectomy with psychophysiologic musculoskeletal reaction or low back syndrome. The veteran's right knee disorder was determined to be unrelated to his service-connected conditions.

The Board has granted service connection for sinusitis, left knee disability, and left ankle and foot disability. The right heel disability is rated at 10 percent.

The veteran requested to withdraw his appeal on the issues of whether new and material evidence had been submitted to reopen claims for service connection for myositis of the right leg/knee, a bilateral knee disorder, and a right ankle/leg disorder.

The Board has granted service connection for a left knee disability, finding that the current condition began during active duty. Service connection for bilateral shin splints was denied.

The Board has granted an effective date of September 9, 1998 for the award of TDIU and denied entitlement to specially adapted housing.

The Board found that the right below-the-knee amputation was not caused by VA medical treatment, and thus denied the veteran's claim for compensation under 38 U.S.C.A. § 1151.

The Board found that the appellant did not timely file a substantive appeal for his claims, and thus lacks jurisdiction to consider them.

The Board denied both the assignment of an earlier effective date for service connection and a higher disability evaluation for degenerative joint disease of the right knee.

The veteran's service-connected left knee and bilateral ankle sprains are not shown to be more severe than currently evaluated, with no ankylosis or significant impairment of function.

The veteran's appeal for increased ratings for service-connected disabilities of the left and right knees has been dismissed due to his death during the pendency of the appeal.

The Board determined that the veteran did not file an adequate substantive appeal for his claims of service connection and nonservice-connected pension benefits, thus dismissing these issues.

The veteran's service-connected postoperative residuals of fracture of the left tibia and fibula, left knee disability, and left hip disability are not manifested by unusual or exceptional factors such as marked interference with employment or frequent periods of hospitalization. The RO denied increased ratings for these conditions.

The veteran's nonservice-connected disabilities do not render him unable to care for his daily personal needs without assistance from others or unable to protect himself from the hazards and dangers of daily living on a regular basis. His combined schedular evaluation is 90 percent, which does not meet the criteria for special monthly pension based on need for aid and attendance.

The Board found no evidence of a chronic acquired disorder of either knee or hip in service, and denied the claim for service connection.

The Board has found that new and material evidence has been submitted to reopen the veteran's claim of entitlement to service connection for a left knee disability. The decision is in favor of reopening the claim.

The VA has granted a 20 percent disability evaluation for the veteran's right knee injury and denied service connection for his left knee osteoarthritis, which is considered secondary to his right knee condition.