Knee decisions — 2008

The Board has denied the veteran's requests to reopen his claims for service connection for a lumbar spine disorder and arthritic changes of the bilateral knee, finding that the new evidence submitted is cumulative and does not relate to an unestablished fact necessary to substantiate the claim.

The Board has restored service connection for type II diabetes mellitus, residuals of peripheral vascular disease, left below-the-knee amputation and contractures of the right lower extremity, peripheral vascular disease of the right hand, and peripheral vascular disease of the left hand based on new medical evidence that supports the original grant of service connection due to herbicide exposure.

The Board has determined that the veteran is entitled to a 60 percent rating for his service-connected left knee traumatic arthritis, status post total knee replacement as of October 1, 2006.

The veteran's claims for service connection for various conditions have been denied as there is no evidence of a nexus between the claimed disabilities and his military service.

The Board has remanded the case for further action, including scheduling a Travel Board hearing and addressing the veteran's claims.

Service connection is granted for bilateral leg disability and low back disability (claimed as residuals of a broken tailbone), but service connection for head injury and PTSD are denied.,The veteran's current back conditions are related to an intercurrent work-related injury, not to any incident in service.

The veteran's appeal was dismissed due to his death during the pendency of the appeal.

The Board denied the veteran's claims for earlier effective dates and service connection, finding that new evidence did not warrant reopening of his claims for right ankle disorder or costochondritis.

The veteran's right and left knee disabilities are currently rated at 10 percent each, but do not meet the criteria for a higher rating based on limitation of motion or instability.

The Board has reopened the veteran's claim of entitlement to service connection for a right knee disorder, finding that new and material evidence had been submitted. The case is now remanded for further development.

The Board has remanded the case for additional development, including obtaining medical records and scheduling VA examinations to address the veteran's service-connected disabilities and any new right knee condition.

The Board denied the veteran's claims for service connection for a right knee disability and prostate disorder with erectile dysfunction, finding that there was no evidence of such conditions during his period of active service or within one year following separation.,The veteran's assertions regarding the onset of these conditions were not supported by medical evidence.

The Board denied the veteran's request for waiver of overpayment of VA disability compensation benefits, finding that the veteran was at fault in creating the debt due to his failure to notify VA of his active duty status and reliance on incorrect advice from a VA employee. The decision stated that recovery would not be against equity and good conscience.

The Board has remanded the case for a VA examination to determine if the veteran's left knee disorder is related to service. The appeal will be returned to the Board after this examination.

The Board found that the veteran's currently diagnosed arthritis of the right knee, cervical and lumbar spine is not proximately due to or aggravated by his service-connected left knee disabilities.

The veteran's claims for service connection for residuals of bilateral eye injuries, sinus condition, and PTSD have been granted. The claim for right knee degenerative joint disease has been denied.

The veteran's claim for a total disability rating based upon individual unemployability (TDIU) is being remanded due to the need for additional medical examination and opinion regarding his service-connected disabilities.

The veteran's claims for service connection are being remanded due to incomplete verification of her periods of active duty for training and inactive duty for training. Additional VA examinations will be scheduled to determine the nature, extent, and etiology of her claimed conditions.

The veteran's right shoulder and left shoulder disabilities were rated at 20% prior to January 18, 2006. Since then, the right shoulder has been rated at 30%, while the left shoulder remains at 20%. The right knee disability was not addressed in this decision. The left elbow fracture residuals have also remained at 20%. The veteran's scar of the left elbow is now rated at 10%, and his scar of the right cheek has been assigned a rating of 0%.,The veteran's right shoulder and left shoulder disabilities were initially rated at 20% prior to January 18, 2006. Since then, the right shoulder has been increased to 30%, while the left shoulder remains at 20%. The right knee disability was not addressed in this decision. The veteran's scar of the left elbow is now rated at 10%, and his scar of the right cheek has been assigned a rating of 0%.

The veteran's right knee condition, including his total right knee replacement surgery, is currently rated at 30 percent and the Board finds no basis to grant a higher rating.