Citation Nr: 18146464
Decision Date: 10/31/18	Archive Date: 10/31/18

DOCKET NO. 17-44 991
DATE:	October 31, 2018
ORDER
Entitlement to service connection for a let knee disorder is granted.
Entitlement to service connection for a right knee disorder is granted.
FINDING OF FACT
Resolving all reasonable doubt in the Veteran’s favor, his training environment, conditions, and military training at least as likely as not contributed to his diagnosis of left and right knee osteoarthritis.
CONCLUSION OF LAW
The criteria for entitlement to service connection for a bilateral knee disorder have been met.  38 U.S.C. §§ 1110, 1131, 5107 (2012); 38 C.F.R. §§ 3.303 (2018).
 
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran had active duty service from July 1957 to July 1960.  He testified before the undersigned Veterans Law Judge at a videoconference hearing in October 2018.  
Service Connection
Service connection is warranted where the evidence of record establishes that a particular injury or disease resulting in disability was incurred in the line of duty in the active military service or, if pre-existing such service, was aggravated thereby.  38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303(a) (2018).
Entitlement to service connection for a bilateral knee disorder
The Veteran contends that he has a bilateral knee disorder due to service.  He was required to lift extremely heavy objects and his training required him to crawl close to the ground on hard surfaces.  VA treatment records establish a diagnosis of bilateral knee osteoarthritis.  His service treatment records document complaints of knee pain.  As such, the first and second elements of service connection have been met.
The remaining question therefore becomes whether there is a so-called “nexus” between the Veteran’s bilateral knee osteoarthritis and service.  There are two medical opinions of record.
In June 2016, the Veteran was afforded a VA examination for his knees.  The examiner opined that the Veteran’s bilateral knee disorder was less likely than not due to his military service.  As rationale, the examiner stated:
You were in active service from 1957 to 1960 and had a few visits for “knee pain” but there was no diagnosis and based on his separation physical, these conditions were acute and transitory and did not cause any chronic disability pattern.  As per your own admission, you were not seen for any type of knee issues until 1995-96 timeframe which is 36 years after being discharged from active duty and at the time there was no injury that you could recall.
The Veteran additionally submitted a private medical opinion in October 2018.  The examiner noted that the Veteran had spent a significant amount of time training in an environment that was very difficult on his body and especially his knees; he spent a lot of time on his knees crawling over uneven surfaces.  The examiner concluded “it is my opinion that the patient’s military service and requirements contributed to the patient’s diagnoses of left and right knee osteoarthritis.”
When balancing the medical opinions of record, the Board finds that the evidence is in at least relative equipoise and therefore service connection is warranted for a bilateral knee disorder.  The Veteran’s claims are granted.
 
H.M. WALKER
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Martha R. Luboch, Associate Counsel