Knee decisions — 2010

The Veteran's appeals for increased ratings and service connection were denied. The Board found that the Veteran did not meet the criteria for higher disability ratings or service connection.

The Board denied the Veteran's claim of entitlement to service connection for arthritis of various body parts, finding no evidence that these conditions are related to his military service.

The Board found that the overpayment was not created through fraud, misrepresentation of a material fact, or bad faith on the part of the Veteran. The Committee denied the request for waiver of recovery due to the Veteran's failure to promptly notify VA of his incarceration and awarded him benefits despite his conviction.

The Veteran's right knee disability, including arthritis and instability, has been rated at 10 percent for arthritis and 20 percent for instability since December 10, 2009. The claim is granted.

The Board granted an initial rating of 20 percent for instability of the Veteran's right knee, effective July 2005.

The Board has determined that new and material evidence has not been submitted to reopen the Veteran's claims for service connection for tinea versicolor and soft tissue sarcoma of the left knee, both secondary to herbicide exposure. The claims were previously denied in September 1994 and February 1997 respectively.

The Veteran's claim for a psychiatric disorder was denied as he does not have a current diagnosis of such. His bilateral knee disorders are pending and will be adjudicated after complete development.

The Veteran's service-connected disabilities are as likely as not of such nature and severity as to prevent him from securing or following substantially gainful employment.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records from his service period to the present, as well as a VA orthopedic examination.

The Veteran's claims for increased ratings for his bilateral knee disabilities have been denied as the evidence does not show that he meets or exceeds the criteria for a higher rating under any applicable diagnostic codes.

The Veteran's service-connected cervical spine disability was rated at 60 percent, and the Board found that a higher rating is not warranted. The appellant also had other service-connected disabilities which rendered her husband unable to engage in substantially gainful employment, leading to a finding of entitlement to TDIU.

The Board has ordered the VA to obtain service medical records and personnel records for the Veteran's service prior to April 1992. The claims are being remanded due to incomplete records and inadequate examination reports.

The Board has determined that the Veteran's current bilateral ankle, knee, and low back disabilities are related to his in-service right tibia fracture. As such, service connection is granted for these conditions.

The Board has determined that the Veteran's claims for service connection have been denied, with some issues being granted and others remaining in denial. The decision is based on the merits of the cases where new and material evidence was not received to reopen previously denied claims.

The Veteran's arthritis is not related to his active duty service.,The Veteran's GERD is not related to his active duty service.

The Board has determined that the Veteran's right knee disability, evaluated as 10 percent disabling for a right knee meniscectomy with arthritis prior to May 4, 2004 and as 30 percent disabling for status post total right knee replacement beginning on July 1, 2005, does not meet the criteria for increased evaluations.

The Veteran's service-connected right and left knee disabilities are not rated higher than the current assigned ratings due to their severity.

The Board found no evidence of a left knee injury during service and insufficient credible medical evidence to link the current left knee disorder to service. The Veteran's claim for sleep apnea is addressed in the REMAND portion.

The Board denied the Veteran's claims for service connection for chronic right and left knee disorders, as well as a chronic dental disorder. The Board found no objective evidence of such conditions during active service or thereafter.

The Board granted the appellant's claim of service connection for DJD and lateral instability of the right knee, assigning a 10 percent disability rating. The decision also addressed separate ratings for arthritis associated with these conditions.