Citation Nr: 19152011 Decision Date: 07/03/19 Archive Date: 07/03/19 DOCKET NO. 18-46 489 DATE: July 3, 2019 ORDER Entitlement to service connection for a left knee disorder is denied. FINDING OF FACT The Veteran’s left knee disorder has not been shown to have begun during active service, and arthritis did not manifest within one year of separation from service. CONCLUSION OF LAW The criteria for service connection for a left knee disorder are not met. 38 U.S.C. §§ 1131, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.303, 3.307, 3.309. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from August 1974 to July 1994. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a May 2017 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran’s claim was initially denied in a May 2017 rating decision. It was readjudicated again in an August 2017 rating decision. He timely filed a notice of disagreement (NOD) in March 2018, within one year of the May 2017 rating decision. Thus, the May 2017 rating decision was timely appealed. Service Connection The Veteran contends that his left knee disorder was caused by his service. During his June 2017 VA examination, the examiner recorded that the Veteran reported developing bilateral knee pains after falling on his knees during physical training. He reported his knees were swollen and painful. He managed his knee pain with pain medication at the time. The Veteran reported that since then, he notes pulsating pain in both knees. In his Form 9, he reports that his knees have been hurting him for years and that he cannot work anymore. See Form 9, September 13, 2018. Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166 -67 (Fed. Cir. 2004). For certain chronic disorders, including arthritis, service connection may be granted if the disease becomes manifest to a compensable degree within one year following separation from service. 38 U.S.C. §§ 1101, 1112, 1113, 1137; 38 C.F.R. §§ 3.307, 3.309. The Board concludes that, while the Veteran has a diagnosis of a left knee disability, the preponderance of the evidence is against finding that it began during active service, manifested within a year of separation from service, or is otherwise related to an in-service injury, event, or disease. The Veteran’s STRs are absent of evidence showing that he was seen or treated for a left knee injury while in service. The only evidence of a knee injury within his STRs pertains to his right knee for which he is already service connected. In a November 2003 post-service medical record, the Veteran complained of left knee pain. The radiologist report showed large left knee effusion. In December 2013, the Veteran complained of left leg pain, primarily in his knee for the past month. He reported no injury that he was aware of. The Veteran was afforded a VA examination in June 2017. He was diagnosed with knee strain in both knees. See C&P Exam, June 22, 2017. The Veteran had another VA examination in August 2018 where the examiner opined that the Veteran’s left knee strain, medial instability, and mild degenerative joint disease were less likely as not incurred in or caused by his service because a review of his STRs was silent with regard to the evaluation, diagnosis and treatment of a left knee injury during service. Having considered the evidence of record, the Board finds that the preponderance of evidence is against finding that the Veteran’s left knee disorder is due to an in-service injury, event, or disease. Initially, the Board observes that there is no probative evidence of left knee arthritis during service or within one year of separation from service. Moreover, left knee arthritis was not shown to have manifested to a compensable degree during that time frame. Thus, service connection on a presumptive basis is not warranted. 38 C.F.R. §§ 3.307, 3.309. In fact, the most probative evidence reflects that the first indication of a left knee disorder was in 2003, approximately nine years after his separation from service. The Board finds the absence of evidence of a left knee complaint in the medical records more probative than his later contentions during his VA examination and in his substantive appeal that he injured both knees during service and had knee pain since that time. The Board finds it significant that while post-service medical records date from approximately 1998 to the present, the first report of left knee pain was not until 2003. The Board finds it reasonable to conclude that if he had experienced knee pain ever since his separation from service, such would have been reported in his post-service medical records, along with his other contemporaneous medical complaints. Thus, the Board finds the lack of reports of left knee pain until almost a decade after service more probative than his later contentions that he experienced knee pain since service. See Curry v. Brown, 7 Vet. App. 59, 68 (1994) (contemporaneous evidence can have greater probative value than history as reported by the veteran). The Board also finds the August 2018 VA opinion probative. It is based on a review of the relevant evidence of record to include consideration of the service treatment records, post service records, and the Veteran’s lay statements. The conclusion is consistent with the other probative evidence of record, and the opinion was provided by a qualified examiner. The Board notes that the Veteran did not submit any medical opinion in support of his claim. While the Veteran believes that his left knee disorder is related to his service, he is not competent to opine as to a relationship as he has not been shown to have the expertise to opine as to such matters as etiology. (Continued on the next page)   Therefore, after considering all evidence of record, to include medical records and lay statements, the Board finds that the Veteran’s claim for entitlement to service connection for a left knee disorder must be denied. S. HENEKS Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD O. Onyeozili, Associate Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.