Citation Nr: 21062048 Decision Date: 10/06/21 Archive Date: 10/06/21 DOCKET NO. 16-01 342 DATE: October 6, 2021 ORDER Entitlement to service connection for right knee degenerative arthritis is granted. FINDING OF FACT The Veteran's right knee degenerative arthritis is etiologically related to active service. CONCLUSION OF LAW The criteria for service connection for right knee degenerative arthritis have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from December 1973 to March 1974. The Veteran appealed a March 2013 rating decision by the Agency of Original Jurisdiction (AOJ). In September 2018, the Board remanded the Veteran's claim to the Agency of Original Jurisdiction (AOJ) for further action consistent with the Board's remand directives. The claim is back before the Board for further appellate proceedings. The Board finds there has been substantial compliance with its remand directives. Stegall v. West, 11 Vet. App. 268, 271 (1998). The Board notes the September 2018 Board remand requested that the Veteran complete requisite forms for prior knee surgeries. Requests and these forms were sent to the Veteran and his representative in March and May 2019. However, neither the Veteran nor his representative have responded to the requests. As such, the Board finds substantial compliance with this remand instruction. The September 2018 Board remand also remanded the issue of service connection for a left knee disorder. A May 2020 rating decision granted service connection for left knee Osgood-Schlatter's disease. This is considered a full grant of benefits sought as to that issue. The Veteran submitted a VA Form 20-0996 in June 2021 seeking Higher-Level Review (HLR) for downstream issues regarding the left knee. An August 2021 rating decision denied the claim and the Veteran has not yet submitted an appeal to the Board. As such, the issue regarding a left knee disorder is not currently before the Board. A veteran is entitled to the Department of Veteran Affairs (VA) disability compensation if there is a disability resulting from personal injury suffered or disease contracted in the line of duty in active service, or for aggravation of a preexisting injury suffered or disease contracted in the line of duty in active service. 38 U.S.C. § 1110. Generally, to establish a right to compensation for a present disability, a veteran must show: (1) a present disability; (2) an in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service, the so-called "nexus" requirement. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). The July 2019 VA examination report noted a diagnosis of right knee degenerative arthritis. The Board generally notes that the Veteran would participate in rigorous physical activities during his initial training. As to nexus, Dr. M.B.'s February 2018 opinion found the Veteran's right knee condition at least as likely as not related to active duty. Dr. M.B. provided the Veteran's history and a thorough rationale. The Board find's Dr. M.B.'s opinion probative. The Board finds that there is persuasive evidence of record establishing a link between the Veteran's right knee condition and service. Accordingly, the Board finds that a grant of service connection is warranted for right knee degenerative arthritis. See 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. DONNIE R. HACHEY Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Zheng, 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.