Citation Nr: 18141251
Decision Date: 10/10/18	Archive Date: 10/10/18

DOCKET NO. 13-33 992
DATE:	October 10, 2018
ORDER
Service connection for a left knee disability is granted.
FINDINGS OF FACT
1. The Veteran’s service treatment records (STR) show that she reported knee pain during service and was placed on a temporary profile.  See October 1990 STR (noting complaints of knee pain following five weeks of training); January 2010 health questionnaire for dental treatment (noting a left knee cyst); and January 2010 STR (noting left knee cyst and a temporary profile). 
2. An August 2008 medical prescription limited the Veteran from participating in drill duty for two months.  A December 2009 treatment record noted her report of left knee injury months prior and her reports of increased pain with increased running during service.  A separate treatment record in December 2009 continued to note the Veteran’s left knee pain when running: “Patient is military and runs a lot.”  In October 2010, the Veteran was medically discharged from service.
3. The Veteran has competently and credibly reported complaints of knee pain in and since her reserve service.  
4. In its February 2016 remand and November 2017 VHA opinion request, the Board noted that the November 2015 and April 2016 negative VA opinions were legally inadequate for a number of reasons (including the examiner’s failure to address all diagnoses of record and relevant STRs).  Consequently, those opinions cannot be assigned significant probative value.  
5. The Board finds the November 2017 VHA opinion and June 2018 addendum opinion inadequate because the opinion provider failed to address whether the Veteran’s left knee disability was otherwise caused and/or aggravated by a period of active duty for training (ACDUTRA) or inactive duty for training (INACDUTRA).
6. In light of the foregoing, and resolving reasonable doubt in the Veteran’s favor, and considering her competent and credible reports of knee pain in and since reserve service, the Board finds that the Veteran’s current left knee disability is due to her service.
CONCLUSION OF LAW
Service connection for a left knee disability is warranted.  38 U.S.C. §§ 1110, 1131, 1153; 38 C.F.R. §§ 3.303, 3.304.
REASONS AND BASES FOR FINDINGS AND CONCLUSION
The appellant is a Veteran who served on ACDUTRA from September 1990 to January 1991, with additional periods of ACDUTRA and INACDUTRA.  This matter is before the Board of Veterans’ Appeals (Board) on appeal from a December 2011 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).  In June 2015 and February 2016, this matter was remanded for additional development (by Veterans Law Judges other than the undersigned); the case is now before the undersigned. 


For the reasons outlined above, service connection for a left knee disability is granted.
 
VICTORIA MOSHIASHWILI
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	T. Matta, Counsel