Citation Nr: 18158422
Decision Date: 12/14/18	Archive Date: 12/14/18

DOCKET NO. 16-47 808
DATE:	December 14, 2018
ORDER
New and material evidence having not been presented, reopening of the claim of entitlement to service connection for a bilateral hip disability is denied.
New and material evidence having not been presented, reopening of the claim of entitlement to service connection for a right knee disability is denied.
New and material evidence having not been presented, reopening of the claim of entitlement to service connection for a left knee disability is denied.
FINDINGS OF FACT
1. In an unappealed May 2013 rating decision, the RO denied entitlement to service connection for bilateral hip and knee disabilities.  
2. The evidence received since the May 2013 rating decision is cumulative or redundant of the evidence of record at the time of the prior denial, and does not relate to an unestablished fact necessary to establish the claims of entitlement to service connection for bilateral hip and knee disabilities.
CONCLUSIONS OF LAW
1. New and material evidence has not been received to reopen the claim of entitlement to service connection for a bilateral hip disability.  38 U.S.C. § 5108 (2012); 38 C.F.R. § 3.156 (2018).	
2. New and material evidence has not been received to reopen the claim of entitlement to service connection for a left knee disability.  38 U.S.C. § 5108 (2012); 38 C.F.R. § 3.156 (2018).
3. New and material evidence has not been received to reopen the claim of entitlement to service connection for a right knee disability.  38 U.S.C. § 5108 (2012); 38 C.F.R. § 3.156 (2018).
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
The Veteran had active military service from June 1979 to October 1988.
These matters come before the Board of Veterans’ Appeals (Board) on appeal from an April 2016 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).    
Claims to Reopen
In a May 2013 rating decision, the RO denied entitlement to service connection for bilateral hip and knee disabilities based on findings that there was no evidence that the disabilities were incurred in or aggravated by service.  The Veteran did not appeal that decision.  
The evidence that has been received since the May 2013 rating decision includes post-service VA treatment records and the Veteran’s lay statement that he injured his hips and knees following numerous jumps as a paratrooper.  
The Board finds that the additional evidence is not new and material.  While some of the evidence is new, it does not raise a reasonable possibility of substantiating the claims of entitlement to service connection.  The Board acknowledges the Veteran’s statement in which he has indicated his bilateral hip and knee disabilities are the result of his parachute jumps during service; however, the Veteran is not competent to provide a nexus opinion, as that requires medical expertise and is outside the realm of common knowledge of a layperson.  Kahana v. Shinseki, 24 Vet. App. 428 (2011); Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007).  As such, the Veteran’s lay statements are not probative and so, do not trigger VA’s duty to assist.  Moreover, the Veteran’s lay assertion that he injured his hips and knees as a paratrooper during service was previously considered by VA and so, is redundant.  Therefore, as new and material evidence has not been presented, reopening of the claims is not warranted.
 
Kristin Haddock
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	D. Ware, Associate Counsel