Citation Nr: 21065079
Decision Date: 10/25/21	Archive Date: 10/25/21

DOCKET NO. 16-24 154
DATE: October 25, 2021

ORDER

The issue of entitlement to service connection for right knee degenerative joint disease (DJD) is granted.

The issue of entitlement to service connection for a left knee DJD is granted.

FINDING OF FACT

The Veteran has a diagnosis of bilateral knee DJD that was aggravated by active duty service.

CONCLUSION OF LAW

The criteria for entitlement to service connection for bilateral knee DJD are met.  38 U.S.C. §§ 1110, 5107 (2018); 38 C.F.R. §§ 3.102, 3.303, 3.304, 3.306, 3.307 (2021).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from October 1967 to July 1971, to include service in the Republic of Vietnam from July 1970 to July 1971, as well as subsequent periods of service in the United States Army and Navy Reserves.  The Veteran is the recipient of a Combat Action Ribbon.

In April 2021, the Board remanded the appeal for additional development. 

Service Connection

The Board finds that the Veteran meets the criteria for service connection.  First, the Veteran has a diagnosed disability of bilateral DJD.  See VA Examination Report, August 2014; see also VA treatment records, July 2012 (noting x-rays showing "mild osteoarthritic changes in both knees").

In addition, in a March 2020 remand, the Board found that the evidence of record supports the inference that the Veteran had at least one knee condition which preexisted his active duty service.  However, the Board noted that the evidence of record does not clarify whether the Veteran's preexisting knee condition was of the left knee, right knee, or both knees.  Subsequently, in a July 2021 VA opinion, an examiner clarified that the claim file "supports a bilateral knee condition pre-dated service."  Therefore, the requested clarification has been obtained. 

 

Further, in the March 2020 remand, the Board found that the evidence of record supports the inference that both knees underwent an increase in disability during his active duty service or during a period of ACDUTRA.  Accordingly, noting in particular the Veteran's status as a combat veteran during his period of active duty service, the Board resolves reasonable doubt in the Veteran's favor and finds that the Veteran's preexisting knee disabilities were aggravated during active duty service.  Accordingly, the issue is granted.

 

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. Foster, 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.