Citation Nr: 18144291
Decision Date: 10/25/18	Archive Date: 10/24/18

DOCKET NO. 17-02 902
DATE:	October 25, 2018
ORDER
Service connection for right meniscus tear with patellofemoral syndrome is granted.
 
FINDING OF FACT
The Veteran’s current right knee meniscal tear residuals with patellofemoral syndrome is attributable to his knee injury incurred during a period of inactive duty training (INACDUTRA).
CONCLUSION OF LAW
The criteria for service connection for right knee meniscal tear with patellofemoral syndrome have been met.  38 U.S.C. §§ 101, 1131, 5107; 38 C.F.R. §§ 3.6, 3.102, 3.303.
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served a period of active duty for training (ACDUTRA) from October 1981 to February 1982.  He had additional service in the Army National Guard, including INACDUTRA.
The case is on appeal from a November 2013 rating decision.
In October 2018, the Veteran testified at a Board hearing.
Service connection for a right knee disability.
Service connection may be granted for a disability resulting from a disease or injury incurred in or aggravated by active service.  See 38 U.S.C. § 1131; 38 C.F.R. § 3.303.  “To establish a right to compensation for a present disability, a veteran must show: “(1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service”-the so-called “nexus” requirement.”  Holton v. Shinseki, 557 F.3d 1362, 1366 (Fed. Cir. 2010) (quoting Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004)).
Service connection may also be granted for a disability resulting from disease or injury incurred in or aggravated while performing ACDUTRA or injury incurred in or aggravated while performing INACDUTRA.  38 U.S.C. § 101; 38 C.F.R. § 3.6.
The Veteran contends his current right knee disorder is related to an injury he sustained during a period of INACDUTRA.
The Veteran’s service records reflect that in April 2004, he tore his right medial meniscus.  An April 2004 medical record noted knee derangement of the right knee and medial meniscus tear.  In November 2004, the record reflects a line of duty determination was approved.  A later November 2004 correspondence found in the record confirmed that the Veteran’s injury to the right knee occurred in the line of duty.  A January 2005 medical record indicated the Veteran reported right knee pain which began approximately one year prior.  An April 2005 record indicated the Veteran underwent a right knee arthroscopy and partial medial meniscectomy.  Thereafter, a December 2005 record noted the Veteran had degenerative joint disease (DJD) of the right knee.
The Veteran was afforded an October 2013 VA examination in which he was diagnosed with right meniscus tear with patellofemoral syndrome.  No etiology opinion was provided.  Thereafter, a November 2013 statement was received in which the Veteran indicated that his right knee injury was incurred in the line of duty and ultimately, led to the right knee surgery in 2005.
The Board determines service connection is warranted for the right knee disability, particularly when resolving reasonable doubt in the Veteran’s favor.  See 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102.  The record reflects that the Veteran injured his right knee in 2004, incurring a meniscal tear in the line of duty, while serving on a period of INACDUTRA.  Further, the record reflects a current diagnosis of right meniscus tear residuals with patellofemoral syndrome.  The Board finds the right meniscus tear during INACDUTRA led to the April 2005 right knee arthroscopy and partial medial meniscectomy.
Thus, the evidence related to the nexus element of the claim is at least in equipoise and when resolving reasonable doubt in the Veteran’s favor, the Board finds that his current right knee disability is related to his injury during INACDUTRA.  See 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102.  Therefore, service connection is warranted for right knee meniscus tear with patellofemoral syndrome.

 
RYAN T. KESSEL
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	B. Isaacs, Associate Counsel