Knee decisions — 2006

The Board has granted a higher rating of 30 percent for the veteran's hypertensive heart disease, effective from the date of the decision.

The Board has denied the reopening of the veteran's claims for service connection for right and left knee disorders due to lack of new and material evidence.

The veteran's service-connected disabilities do not preclude him from obtaining or maintaining substantially gainful employment.

The Board has determined that the veteran's claimed right knee, left knee, and left hip disabilities are not service-connected as they were not present within one year of his discharge from active duty or are not etiologically related to service.

Service connection for urticaria has been reopened and granted.,Service connection for a right knee disorder has been reopened and granted as secondary to the service-connected left knee disorder.,Service connection for thyroiditis has not been reopened.

The Board found that the veteran's right below knee amputation was not present in service and is not related to a service-connected disability. Therefore, it denied his claim for service connection as secondary to his service-connected post-operative residuals of a right talus fracture.

The Board found that the September 1, 1987 rating decision did not contain clear and unmistakable error in assigning a 30 percent evaluation for the veteran's right knee disability. The issue of entitlement to an increased evaluation remains unresolved.

The Board has granted a 30 percent rating for residuals of fracture of left tibia with benign bone cyst, effective from the date of the decision.

The Board is remanding the case to consider whether new and material evidence has been submitted since the January 2002 rating decision, and if so, whether it makes it as likely as not that the veteran's left knee disability was caused by or began during her military service.

The Board has determined that new and material evidence has been submitted to reopen the veteran's service connection claim for a left knee disorder. The residuals of a left knee injury are related to service.

The veteran's claims for increased ratings of his right and left knee conditions, as well as his ankle disorders, were denied. The claim to reopen a hypertension claim was not addressed.

The veteran's service-connected stress fracture of the right third metatarsal has healed without residual disability. The arthritis of the right knee is not related to military service and was not incurred or aggravated by a service-connected condition.

The veteran's claims for increased ratings were denied. The RO continued the existing noncompensable ratings and added new noncompensable ratings for certain scars and joint conditions.

The Board finds that the veteran was not a fugitive felon from December 27, 2001 to April 26, 2004 and thus, the overpayment of disability compensation benefits in the amount of $28,835.36 was improperly created. Restoration of payment is granted.

The Board has determined that the veteran's claimed bilateral knee disability is not service-connected and denied her claim.

The Board has remanded the veteran's claims due to incomplete military service records and requests for VA examinations.

The Board found no evidence of a chronic right knee or heart condition in service, and the veteran's current conditions are not related to his military service. The claims for service connection were denied.

The Board found no evidence of a current disability related to service for the veteran's bilateral shoulder, left knee, and low back disorders. The claims were denied.

The Board has determined that the veteran's left knee disability warrants a 10 percent evaluation, effective January 1, 2004. The claim for an earlier effective date is denied.

The Board has determined that the veteran's right and left knee disabilities were not incurred or aggravated by service, with no evidence of continuity of symptomatology. The examiner opined that any current knee conditions are related to the general aging process.