Citation Nr: 18156118 Decision Date: 12/07/18 Archive Date: 12/07/18 DOCKET NO. 16-24 809 DATE: December 7, 2018 ORDER Entitlement to service connection for a left knee disability, to include degenerative joint disease of the left knee is granted. Entitlement to service connection for a right knee disability, to include degenerative joint disease of the right knee is granted. FINDINGS OF FACT 1. The Veteran’s left knee disability, to include degenerative joint disease of the left knee had its onset in service. 2. The Veteran’s right knee disability, to include degenerative joint disease of the right knee had its onset in service. CONCLUSIONS OF LAW 1. The criteria for service connection for a left knee disability, to include degenerative joint disease of the left knee have been met. 38 U.S.C. §§ 1110, 1111, 5107(b) (2012); 38 C.F.R. §§ 3.102, 3.303(a) (2017). 2. The criteria for service connection for a right knee disability, to include degenerative joint disease of the right knee have been met. 38 U.S.C. §§ 1110, 1111, 5107(b) (2012); 38 C.F.R. §§ 3.102, 3.303(a) (2017). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty in the United States Air Force from March 1977 to January 1982. The Veteran seeks service connection for a left knee disability, to include degenerative joint disease of the left knee and a right knee disability, to include degenerative joint disease of the right knee for which he contends began in service and has been recurrent since that time. To that end, service connection may be granted for a disability resulting in a disease or injury that is incurred in or aggravated by active duty military service. 38 U.S.C. § 1110 (2012); 38 C.F.R § 3.303 (2017). Service connection may be established by credible lay evidence and medical evidence provided by the Veteran or otherwise. 38 U.S.C. §§ 1110, 1131 (2012); 38 C.F.R. § 3.303 (2017). To establish service connection for a claimed disorder, the following criteria must be met: (1) medical evidence of a current disability; (2) evidence of an in-service incurrence or aggravation of a disease or injury; and (3) evidence of a nexus between the claimed in-service disease or injury and current disability. See 38 U.S.C. § 3.303 (2017); see also, Davidson v. Shinseki, 581 F.3d 1313, 1316 (Fed. Cir. 2009); Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004); Hickson v. West, 12 Vet. App. 247, 253 (1999). 1. Left knee disability, to include degenerative joint disease of the left knee The Board finds that the Veteran has a current diagnosis, thus establishing the first element for service connection. The Veteran has been currently diagnosed with a left knee disability, namely, degenerative or traumatic arthritis of his left knee. See VA Examination Report, October 2014. The Veteran testified at his hearing that he currently experiences physical pain and swelling and that he is limited in walking. See Hearing Transcript, page 10, June 2018. The Veteran has been treated with cortisone shots, ibuprofen and other home remedies for his continued pain in his left knee, but asserts that he has insidious pain with giving way, squatting and standing for long periods of time. See Medical Treatment Record, January 2014; see also Hearing Transcript, page 6, 10, June 2018. The Board also finds that the evidence shows that the Veteran was treated on numerous occasions for left knee problems. While in service, the Veteran sought treatment for a torn cartilage, bilateral knee pain due to chondromalacia patellae, a left knee tear and a possible meniscus tear in his left knee. See Service Treatment Records, September 1978, August 1978, January 1980 and August 1981. The Veteran was also diagnosed with internal derangement of the left knee. See Service Treatment Records, August 1978. According to the record, the Veteran had a history of left knee issues dating back to June 1978 after reporting that he injured it while playing basketball. See Service Treatment Records, January 1980. The Veteran also reported twisting his left knee during physical training while in service. See Service Treatment Records, January 1980. The Board finds that the Service Treatment Records are sufficient to establish an in-service incurrence and to demonstrate that the Veteran experienced an injury while in service. Therefore, the second element for service connection is met. The Board finds probative the competent and credible lay statements linking the Veteran’s left knee disability, to include degenerative joint disease of the left knee to service. The Veteran reported at his June 2018 hearing that he had pain in his left knee since leaving service and that for several years after leaving service, he delayed reporting the symptoms and attempted to treat his disability without medical attention. See Hearing Transcript, page 8-9, June 2018. The Board acknowledges the October 2014 Compensation and Pension Examination where the examiner opines that the Veteran’s current knee disability was not related to service since he did not show symptoms until 25 years after leaving service. However, the Board observes that the Veteran reported having a history of knee problems for many years when seeking formal care for the condition and thus finds the examiner’s rationale of no treatment for many years and thus no recurrent disability inconsistent with the history of his knee disability. In sum, based on all the evidence, both medical and lay, the Board finds that the competent and credible reports of a continuous left knee disability, to include degenerative joint disease of the left knee, since service separation are sufficient. Thus, resolving all reasonable doubt in the Veteran’s favor, the Board finds that service connection is warranted for the Veteran’s left knee disability, to include degenerative joint disease of the left knee. 2. Right knee disability, to include degenerative joint disease of the right knee The Board finds that the Veteran has a current diagnosis, thus establishing the first element for service connection. Just as in the Veteran’s left knee, the Veteran has also been currently diagnosed with a right knee disability, to include degenerative or traumatic arthritis in his right knee. See VA Examination Report, October 2014. The Veteran testified at his hearing that he currently experiences physical pain and swelling and that he has difficulty walking with his right knee disability. See Hearing Transcript, page 10, June 2018. The Veteran has been treated with cortisone shots in his right knee, ibuprofen and other home remedies for his continued pain in his right knee. See Medical Treatment Record, January 2014; see also Hearing Transcript, page 6, 10, June 2018. The Board also finds that the evidence shows that the Veteran injured his right knee while in service while playing soccer. See VA Examination Report, October 2014. The Veteran was diagnosed with bilateral knee pain due to chondromalacia patellae. See Service Treatment Records, January 1980. The Board finds that the Service Treatment Records are sufficient to establish an in-service incurrence and to demonstrate that the Veteran experienced an injury while in service. Therefore, the second element for service connection is met. The Board finds probative the competent and credible lay statements linking the Veteran’s right knee disability, to include degenerative joint disease of the right knee, to service. Just as with his left knee, the Veteran reported that the pain in his right knee had its onset in service, but that he delayed reporting symptoms for several years after leaving service since he elected to treat his disability without medical aid. See Hearing Transcript, page 8-9, June 2018. The Board finds the Veteran’s testimony credible as it is consistent with other treatment records and other evidence of record demonstrating a link between the Veteran’s current disability and the in-service events. See Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007); see also, Layno v. Brown, 6 Vet. App. 465 (1994). The Board acknowledges the medical opinion provided by the VA examiner during the Veteran’s October 2014 Compensation and Pension Examination. As for the right knee disability claim, the Board assigns less probative weight to this opinion which states that the Veteran’s right knee disability is not related to service because the Veteran waited 25 years after leaving service to report symptoms. The Board finds the Veteran’s testimony credible and competent to establish that despite his delay in reporting the symptoms, there is sufficient evidence to demonstrate a connection between his disability and the in-service incurrence. As noted above, the Board observes that the Veteran reported having a history of knee problems for many years when seeking formal care for the condition and thus finds the examiner’s rationale of no treatment for many years and thus no recurrent disability inconsistent with the history of the Veteran’s knee disability. In sum, based on all the evidence, both medical and lay, the Board finds that the competent and credible reports of a continuous right knee disability, to include degenerative joint disease of the right knee, since service separation are sufficient. Thus, resolving all reasonable doubt in the Veteran’s favor, the Board finds that   service connection is warranted for the Veteran’s right knee disability, to include degenerative joint disease of the left knee. STEVEN D. REISS Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD T. Jones, Associate Counsel