Knee Board decisions

The Board denied a permanent and total disability rating for pension purposes, finding the veteran's disabilities did not meet the criteria. The decision was based on his left knee disorder and hypertension.

The Board determined that the veteran's bilateral knee disorders were incurred during his active service and granted service connection.

The Board denied the appellant's petition to reopen his claim for service connection for residuals of a right knee injury, finding that new and material evidence had not been submitted.

The Board has determined that the veteran's service-connected right knee disability does not warrant a rating in excess of 20 percent for postoperative residuals, and a separate 10 percent rating is assigned for degenerative arthritis. The current ratings are found to be appropriate based on the evidence of record.

The veteran's claim for an increased evaluation for Reiter's syndrome with bilateral plantar fasciitis and arthralgias of knees, sacroiliac joints, and left shoulder is being remanded due to the need for additional development including obtaining recent medical records and a VA examination.

The veteran's claims for service connection for a chronic respiratory disability and increased evaluations for his knee disabilities were denied. The RO found that the veteran did not have a chronic respiratory disability related to his active service, and that the current evaluations for his knees are appropriate based on the severity of his symptoms.

The veteran's appeal was denied for service connection of a low back disorder and for increased evaluations for PTSD, post-traumatic migraine headaches, tinnitus, residuals of a left knee injury with post-traumatic arthritis, status post excision of fibromatosis with residual scar, and mid-occipital scalp scar. The RO confirmed noncompensable ratings for hearing loss and scar, residual of a left temple gunshot wound.

The veteran's request for waiver of recovery of an overpayment of improved pension benefits in the amount of $6,913 was denied because collection would not be against equity and good conscience. The issue is currently on appeal.

The Board has granted an increased rating to 20 percent for the veteran's right knee disability, finding that his limitation of motion is equivalent to extension to 15 degrees and flexion to 120 degrees.

The veteran's bilateral hearing loss disability was not incurred in service and is denied.,Service connection for a left hip disorder is denied as the condition is not considered to be proximately due to or the result of his service-connected shrapnel wound to the left thigh. However, secondary service connection for a left knee disorder is granted as it is aggravated by his service-connected disability.

The Board denied an increased evaluation for postoperative arthrotomy of the left knee with residual instability and service-connection for degenerative joint disease of the left ankle.

The veteran's claims for increased ratings for degenerative disk disease of L5-S1 and chondromalacia of the left knee were denied as his conditions did not warrant a higher rating under VA regulations.

The Board determined that the December 1993 rating decision was clearly and unerroneously erroneous, and granted service connection for left knee disability with recurrent ganglion cyst effective from November 21, 1991.

The veteran died due to a severe concussion resulting from a motor vehicle accident. The Board found that the cause of death was his own willful misconduct, as evidenced by his high blood alcohol content at the time of the accident.

The veteran's claims for increased evaluations for his low back disorder, right leg varicose vein stripping scars, hemorrhoids, and knee disorders were denied. The RO found that the evidence did not support an evaluation in excess of 10 percent for any condition.

The Board denied the veteran's claims for increased ratings and a TDIU due to his service-connected right knee instability and lumbar paraspinal muscle spasm, finding that the evidence did not support higher evaluations based on the current level of disability.

The Board has determined that there is no evidence of a right knee or right heel disorder during service, and the veteran's statements regarding injuries are not credible. Therefore, the claims for service connection have been denied.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for a right knee disability, and it is granted.

The Board denied increased ratings for the veteran's service-connected right knee and left shoulder disabilities, finding that they were already rated appropriately under the applicable diagnostic codes.

The Board has granted service connection for left hip sprain and assigned a 10 percent evaluation. The veteran's lumbar spine injury is rated as moderate with no additional limitation due to pain, spasm, or weakness. Bilateral tinnitus is rated at the maximum allowable under VA guidelines. Service connection was also established for bilateral hearing loss and right hip sprain. A noncompensable rating has been assigned for bilateral hip tendonitis.