Citation Nr: 21062860 Decision Date: 10/12/21 Archive Date: 10/12/21 DOCKET NO. 17-65 464 DATE: October 12, 2021 ORDER Service connection for a left knee disorder is granted. Service connection for a right knee disorder is granted. REMANDED Service connection for a low back disorder, including as due to service connected bilateral knee disabilities, is remanded. FINDING OF FACT Resolving any reasonable doubt in favor of the Veteran, she has left and right knee disabilities which have been linked to her active duty service. CONCLUSION OF LAW The criteria for service connection for left and right knee disabilities are met. 38 U.S.C. §§ 1101, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.3.09. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from August 1992 to December 1999. The Veteran testified before the undersigned Veterans Law Judge at a hearing in April 2021; a copy of the transcript is of record. At her April hearing, the Veteran clarified that her claim for service connection for her back condition included a claim that her back condition was due to her bilateral knee condition. As such, the title page has been edited to include her secondary service connection claim. Service Connection for Bilateral Knees Service connection requires competent evidence showing: (1) the existence of a present disability; (2) 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. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004); see also Caluza v. Brown, 7 Vet. App. 498 (1995). The determination as to whether these requirements are met is based on an analysis of all the evidence of record and the evaluation of its credibility and probative value. Baldwin v. West, 13 Vet. App. 1 (1999); 38 C.F.R. § 3.303 (a). To the extent that there is any reasonable doubt, that doubt will be resolved in the Veteran's favor. 38 C.F.R. § 4.3. In this matter, the Veteran's service treatment records (STRs) are silent for any complaint, injury, or diagnosis of disability of her bilateral knees. The Veteran testified that she had knee pain while in-service but was encouraged to not report her pain or seek treatment for her pain. See April 2021 hearing testimony. The Veteran submitted four buddy statements which reported that these individuals witnessed the Veteran experiencing and reporting knee pain while in-service. In July 2021, the Veteran submitted a report from a private physician. The physician stated that he had examined the Veteran, reviewed her medical records, STRs, and claims file. The physician stated that based on the credible and unrefuted statements from the Veteran and the buddy statements introduced into evidence, it was more likely than not that her bilateral knee disabilities were related to her active duty service. Based on the foregoing, the Board finds that the criteria for service connection for bilateral knee disabilities have been met. The Veteran was diagnosed with bilateral knee disabilities which were related to her credible reports of in-service knee pain and report of injury. There is no evidence of record which contradicts the Veteran's statements or the buddy statements regarding the Veteran's experiencing knee pain while in-service. The Board also notes that there are no VA examination opinions, or other medical opinions, of record which contradict the July 2021 private physician's opinion regarding a link between the Veteran's current knee disabilities and her active duty service. Seeking to obtain negative evidence against the Veteran is prohibited by VA law. See Mariano v. Principi, 17 Vet. App. 305, 312 (2003). Thus, resolving any reasonable doubt in favor of the Veteran, service connection for a left and right knee disability is granted. REASONS FOR REMAND Low Back Condition In her April 2021 hearing the Veteran reported that she believed her low back pain was related to her bilateral knee disabilities. A June 2017 VA examination diagnosed the Veteran with lumbosacral strain but did not provide an opinion on whether the Veteran's low back disability was related to her bilateral knee disabilities. As such, a new opinion is warranted. The matter is REMANDED for the following action: Schedule the Veteran for a VA examination to determine the nature and etiology of her lumbosacral strain. The claims file, including a copy of this Remand, must be made available to the examiner and the examiner should indicate in his/her report whether or not such was reviewed. All necessary tests and studies should be accomplished. The examiner must opine whether the Veteran's diagnosed lumbosacral strain is at least as likely as not (50 percent or greater probability) proximately due to or aggravated beyond its natural progression by her service connected left and/or right knee disabilities. The Veteran's lay assertions, and any buddy statements of evidence, regarding onset and continuity of symptomatology should be recorded and considered. A rationale for all opinions must be provided. JOHN Z. JONES Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Parrish, 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.