Knee Board decisions

The veteran's appeal is denied as his left knee disability, rated at 20 percent, does not meet the criteria for a higher rating.

The Board has determined that there is no evidence of current disabilities related to the veteran's service, and thus, denied his claims for service connection for right knee, right elbow, and left ankle disabilities.

The veteran's claim for vocational rehabilitation training was denied as he has overcome employment impairment caused by his service-connected disabilities and currently does not have an employment handicap.

The Board denied increased evaluations for the veteran's shell fragment wound disabilities, finding that the current ratings adequately reflected the severity of his conditions.

The Board has granted a waiver of recovery for the overpayment of improved nonservice-connected disability pension benefits, finding that repayment would not cause undue financial hardship and defeating the purpose for which the benefits were intended.

The veteran's appeal is denied as the RO properly assigned a 40 percent rating for lumbosacral strain and granted service connection for residuals of an injury to the sacrum and coccyx with a 10 percent rating. The appeals for increased ratings, compensable evaluations, and total disability based on individual unemployability due to service-connected disabilities are also denied.

The veteran's right knee has been evaluated as having ligamentous laxity with additional manifestations of limitation of motion and periarticular pathology productive of painful motion. The RO denied the claims for increased evaluations.,The veteran's left knee was found to have instability, warranting a 10 percent evaluation.

The veteran had a service-connected disability but did not have any dependents or informally claim additional benefits at the time of his death. The VA denied the appellant's request for accrued benefits.

The Board granted service connection for right elbow epicondylitis and increased ratings for the veteran's left knee, right knee, and left elbow disabilities. The hearing loss claim was denied.

The Board found that the RO's decisions denying service connection for PFB and a right knee disorder in August and October 1977 were not based on clear and unmistakable error (CUE). The veteran's claims were denied as there was no evidence of disease or injury incurred during service, and the conditions were considered developmental disorders.

The Board has reopened the veteran's claim for service connection of a left knee disability and determined that new evidence submitted since the final denial supports this claim. The Board also found that the current left knee disorder began during active military service.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for a right knee disorder secondary to left knee disability. The veteran's current right knee condition is found to be related to his service-connected left knee disability.

The veteran's service-connected disabilities, including his left knee disability and left peroneal nerve palsy, do not alone preclude him from securing or following a substantially gainful occupation.

The Board found that new and material evidence has not been submitted to reopen a claim of entitlement to service connection for a right ankle disability. A rating in excess of 10 percent for postoperative residuals of a right knee slocum procedure is denied.

The Board denied the veteran's claim for payment or reimbursement of unauthorized medical expenses incurred during his private hospitalization from July 26 to July 30, 1995. The treatment did not involve an adjudicated service-connected disability.

The veteran's claim for a temporary total evaluation based on left knee surgery performed in November 1994 is denied as the claim was received more than three years after the alleged need for convalescence ended.

The Board has granted a 100% evaluation for PTSD, which is productive of total occupational impairment. The right knee disorder was also found to be service-connected.

The Board granted a 30 percent evaluation for degenerative joint disease of the right knee effective July 14, 1998. The veteran's left knee disability was not service connected.

The Board has granted an increased rating of 20 percent for the service-connected right knee disability and reduced the evaluation to noncompensable for the service-connected biliary dyskinesia and status post laparoscopic cholecystectomy. The veteran's claim for service connection for bronchial asthma is not addressed in this decision.

The RO has denied the veteran's request to restore a 30 percent rating for his right knee disability, currently rated at 10 percent.