Knee decisions — 2008

The Board has determined that the veteran's left knee disorder is attributable to his active military service and grants service connection for this condition.

The veteran's claim for an initial rating in excess of 10 percent for his right knee disability was granted.,The RO determined that there was no clear and unmistakable error (CUE) in the May 1997 decision denying service connection for a gastrointestinal disorder, including irritable bowel syndrome.

The Board found no evidence linking the veteran's knee and shoulder disabilities to service, including any undiagnosed illness related to his service in the Southwest Asia Theater. The claim for service connection is denied.

The Board has denied the veteran's claims for service connection for arthralgia of the neck and hips, as well as his claim for bilateral knee disability, including as secondary to arthralgia of the neck. The decision also reopened the claim for arthralgias of the neck and hips.

The veteran's service-connected cold injuries have resulted in the loss of use of his feet. He is also entitled to SMC for this condition and financial assistance for adaptive equipment or automobile purchase. His TDIU claim is granted due to his inability to secure or follow substantially gainful employment.

The veteran's service-connected left knee disability, right hand fracture, and right big toe fracture are not shown to warrant a higher evaluation.

The veteran's right knee disorder was increased to 30 percent effective December 19, 2006. A separate 30 percent evaluation for instability of the right knee is also granted from that date.,Service connection for a heart disorder remains denied.

The veteran's claim for an increased rating for his left knee disability was denied, as the current evaluation of 30 percent adequately reflects the severity of his condition. The claim for service connection for PTSD was also denied.

The Board has granted service connection for instability of the right knee and assigned a 10% disability rating, effective February 13, 2001. The veteran is now seeking an earlier effective date.

The Board has determined that the veteran's current left knee disability was not incurred in or aggravated during his period of honorable service from November 9, 1993 to November 8, 1996. As a result, service connection is denied.

The Board denied the veteran's claims for initial compensable and subsequent in excess of 10 percent evaluations for right knee chondromalacia, finding that the evidence did not meet the criteria for higher ratings under applicable diagnostic codes.

The veteran's claim for service connection for hypertension was denied in August 1987. The Board has reopened the claim based on new and material evidence received since that decision.,Service connection for bilateral knee pain is not warranted as there is no current diagnosis of a bilateral knee disorder.

The Board has determined that the veteran's right knee disability is not service-connected as secondary to his left knee disability. The left knee disability, however, remains at a 10% rating.,The veteran's left knee disability continues to be rated based on slight instability and arthritis.

The Board found that the veteran's left knee disability was not incurred in service and denied service connection. However, they granted the request to reopen his claim for a lower back disability based on new evidence.

The Board denied the veteran's request for a waiver of recovery of an overpayment of VA disability compensation benefits in the amount of $3,660. The decision found that the debt was valid and that recovery would not be against equity and good conscience.

The Board has determined that a remand is necessary to obtain an updated VA examination of the veteran's left knee disability in order to assess its current severity.

The veteran's claims are being remanded due to the need for additional development, including a VA examination.

The Board denied an increased evaluation for the veteran's left knee disability, finding that the evidence did not support a rating in excess of 10 percent.

The Board has determined that the veteran's current right knee and hip disorders are not related to his period of active service, and thus denied both claims for service connection.