Knee Board decisions

The Board has reopened the veteran's claim of service connection for bilateral knee disabilities due to new evidence provided since the last denial. The RO will need to provide a medical opinion regarding whether any current knee disability is related to military service.

The Board has determined that the veteran's persistent anemia was not caused by VA hospital care, medical or surgical treatment, and thus compensation under 38 U.S.C.A. § 1151 for persistent anemia is denied.

The Board found that the veteran's low back disorder and Charcot-Marie-Tooth disease were not incurred in or aggravated by service, and denied his claims for these conditions.

The veteran's claim for an earlier effective date of February 19, 1991 for a 50% evaluation for his bilateral feet disability has been denied.

The veteran has been granted service connection for a chronic headache condition and gastrointestinal disability, but her claims for other conditions are denied.,Service connection is also granted for degenerative joint disease of the left knee.

The Board has determined that the residuals of a left ankle fusion meet the criteria for a 30 percent rating.

The veteran's appeal for relief from recoupment of separation pay by withholding VA disability compensation benefits in the amount of $11,456.70 is denied.

The Board has granted service connection for a low back disability as secondary to the veteran's service-connected bilateral knee condition. The right patella instability is currently rated at 20 percent.

The veteran's appeal was denied as his right knee disability did not warrant a rating higher than the current 10 percent evaluation.

The Board denied the veteran's claims of service connection for bilateral knee disability and shin splints, as well as his claim for an increased rating for major depressive disorder. The veteran did not have a current diagnosis of these conditions during or after service.

The veteran's claims for increased ratings were denied. The Board found that the veteran did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Board found that the veteran does not currently suffer from PTSD and denied his claim for service connection.

The Board denied the appellant's request for a waiver of recovery of an overpayment of VA compensation benefits, finding that the appellant was at fault in creating the overpayment and denying his claim due to lack of undue financial hardship.

The veteran's service-connected disabilities, including traumatic injury to the left knee and chronic venous insufficiency of the left lower extremity, result in loss of use of his left lower extremity together with residuals of organic disease which so affect functions of balance and propulsion as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair. The Board grants entitlement to financial assistance in acquiring specially adapted housing.

The Board found that the veteran's currently demonstrated status post bilateral total knee replacement due to degenerative joint disease is not shown to be the likely result of an injury or other disease process that had its onset in service.

The Board has determined that the veteran's right knee disability, which was present at the time of his entrance into active military duty, underwent a chronic increase in severity beyond normal progression during service. Therefore, service connection for this condition is granted.

The Board has determined that the RO's decision denying service connection for hearing loss, left elbow disability, right knee disability, and left shoulder disability was not well-grounded. The claims are denied.

The Board denied the veteran's claims for service connection for diabetes mellitus, low back strain, and right knee injury. The claim to reopen a left knee disorder was also denied. The veteran's hypertension claim was not reopened.

The veteran's service-connected left knee disability does not prevent him from obtaining or retaining employment consistent with his abilities, aptitudes, and interests. Therefore, he is not entitled to vocational rehabilitation training under Chapter 31.

The veteran's appeal is being remanded for further development, including a VA examination to assess the severity of his service-connected right knee disability and consideration of whether separate ratings are warranted.