Citation Nr: 21065148 Decision Date: 10/25/21 Archive Date: 10/25/21 DOCKET NO. 19-26 344 DATE: October 25, 2021 ORDER Entitlement to service connection for a left knee condition, diagnosed as osteoarthritis, is granted. Entitlement to service connection for a right knee condition, diagnosed as osteoarthritis, is granted. FINDINGS OF FACT 1. Resolving reasonable doubt in the Veteran's favor, it is at least as likely as not that his osteoarthritis of the left knee had its onset during service and/or is otherwise etiologically related to service. 2. Resolving reasonable doubt in the Veteran's favor, it is at least as likely as not that his osteoarthritis of the right knee had its onset during service and/or is otherwise etiologically related to service. CONCLUSIONS OF LAW 1. The criteria for service connection for a left knee condition, diagnosed as osteoarthritis, have been met. 38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.303, 3.304, 3.307, 3.309. 2. The criteria for service connection for a right knee condition, diagnosed as osteoarthritis, have been met. 38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.303, 3.304, 3.307, 3.309. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served in the U.S. Army, on active duty from August 1983 to August 2012. His awards include the Legion of Merit, Bronze Star, Pathfinder Badge, Parachutist Badge, and Air Assault Badge, among others. This claim comes before the Board of Veterans' Appeals (Board) on appeal from an August 2017 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). In July 2021, the Veteran testified at a hearing before the undersigned Veterans Law Judge. A transcript of the hearing is of record. Service Connection Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1110. Generally, the evidence must show: (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, 1166-67 (Fed. Cir. 2004); Caluza v. Brown, 7 Vet. App. 498, 505 (1995). Moreover, evidence of continuous symptoms since active duty is a factor for consideration as to whether a causal relationship exists between an in-service injury or incident and the current disorder as is contemplated under 38 C.F.R. § 3.303(a). Certain chronic diseases may be presumed to have been incurred during service if they become manifested to a compensable degree within one year from separation from service. 38 U.S.C. §§ 1112, 1113; 38 C.F.R. §§ 3.307(a)(3), 3.309(a). This presumption is rebuttable by affirmative evidence to the contrary. Id. 1. Entitlement to service connection for a left knee condition 2. Entitlement to service connection for a right knee condition The Veteran asserts that his bilateral knee osteoarthritis developed as a result of high impact injuries sustained while on active duty. Specifically, that it developed due to running, ruck marching and conducting airborne jumps. Based upon the evidence of record, and resolving reasonable doubt in favor of the Veteran, the Board determines that service connection is warranted for his osteoarthritis of the bilateral knees. As an initial matter, the Veteran has a current diagnosis of bilateral knee osteoarthritis. Post-service treatment records from September 2017 show that the Veteran was diagnosed with bilateral mild to moderate medial compartment osteoarthritis of his both knees. Next, the Veteran's service treatment records reflect complaints of bilateral knee and leg pain. Further, he provided credible testimony at his hearing that he suffered from bilateral knee pain in-service. The Board finds that the evidence is at least in equipoise that the Veteran's osteoarthritis of the bilateral knees was caused by or is related to his active-duty service. Specifically, the physician who diagnosed him with bilateral knee osteoarthritis in September 2017 wrote that it developed from repetitive high impact activity he endured during airborne operations while in the Army. Finally, the Board notes that there is no negative etiology opinion of record. By virtue of the foregoing, the Board concludes that the evidence is at least in equipoise and that the Veteran should be granted service connection for osteoarthritis of the left and right knees. 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. B.T. KNOPE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. McDonald