Citation Nr: 18145402
Decision Date: 10/30/18	Archive Date: 10/26/18

DOCKET NO. 16-26 906
DATE:	October 30, 2018
ORDER
Entitlement to service connection for a right knee disability is granted.

FINDING OF FACT
Right knee disability is associated with service connected muscle group XI disability.
CONCLUSIONN OF LAW
Right knee disability is proximately due to service connected injury.  38 C.F.R. § 3.310.
 
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
Entitlement to service connection for a right knee disability, to include as secondary to service-connected disease or injury is remanded. 
The Veteran served on active duty from October 1985 to October 1988. 
The Veteran contends that his right knee disability was due to or aggravated by his service connected ankle disability. The Veteran has been diagnosed with right knee patellar tendonitis and internal derangement. 
The Veteran was afforded a private examination on July 2013. The private examiner noted that the Veteran’s right knee complaints are more likely than not associated with his in-service ankle injury. 
The Veteran was afforded two subsequent VA examinations. the Veteran was examined in May 2014. The examiner concluded that the right knee injury is less likely than not (less than 50 percent probability) proximately due to or the result of the Veteran’s service connection condition. 
The Veteran was afforded a second VA examination on August 2016. Additionally, the August 2016 examiner relied too much on the possibility of a knee injury pre-existing the Veteran’s service. This injury was not noted at the Veteran’s time of entry, and therefore the Veteran is presumed sound. Because the presumption of soundness attaches, the August 2016 conclusion that the Veteran had a knee injury prior to service is inadequate for rating purposes. 
Here, the service records reflect complaints of right leg and right knee pain during service.  There was trauma, involvement of the patella and a damaged meniscus was suspected.  Nothing rational in this case would establish that a knee disorder pre-existed service.  More importantly, service connection has been established for lower extremity pathology, to include the ankle and Muscle Group XI.  Muscle group XI contemplates potential involvement of the knee.
The Board is presented with a variety of inadequate medical opinions.  However, the private opinion is far better reasoned than the VA opinions.  The evidence, particularly when the service records are considered, supports the claim and service connection is granted.  
 
 
H. N. SCHWARTZ
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	C.S. Garlick, Law Clerk