Citation Nr: A21016335 Decision Date: 10/05/21 Archive Date: 10/05/21 DOCKET NO. 200429-81124 DATE: October 5, 2021 ORDER Service connection for a right knee disorder is denied. FINDING OF FACT The preponderance of the evidence is against a finding that a right knee disorder began during active service, or is otherwise related to an in-service injury or disease. CONCLUSION OF LAW The criteria for service connection for a right knee disorder are not met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from March 1985 to May 1985. The rating decision on appeal was issued in January 2020 and constitutes an initial decision; therefore, the modernized review system, also known as the Appeals Modernization Act (AMA), applies. In April 2020, the Board of Veterans' Appeals (Board) received VA Form 10182, Decision Review Request: Board Appeal, wherein the Veteran elected the Direct Review docket. Therefore, the Board may only consider the evidence of record at the time of the agency of original jurisdiction (AOJ) decision on appeal. 38 C.F.R. § 20.301. In October 2020, however, the Veteran requested a virtual hearing. See VA 21-4138 Statement in Support of Claim (October 2020). In July 2021, she was informed she needed to submit a new Notice of Disagreement on VA Form 10182 within the relevant time period. See BVA General (July 2021). No such form was submitted; accordingly, no valid docket switch was made and the Board may proceed to adjudicate the issue on appeal. Entitlement to service connection for right knee disorder is denied. The Veteran contends that a right knee disorder began during service due to an injury during basic training. See VA 21-526EZ, Fully Developed Claim (September 2019). The Board concludes that the preponderance of the evidence is against finding that a right knee disorder began during active service, or is otherwise related to an in-service injury, event, or disease. 38 U.S.C. § 1131; 38 C.F.R. § 3.303. 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). The question for the Board is whether the Veteran has a current disability that began during service or is at least as likely as not related to an in-service injury, event, or disease. The Veteran's service treatment records (STRs) are silent for right knee complaints, treatment, or diagnosis. See Medical Treatment Record Government Facility (May 1985); STR Medical (October 2019); STR Medical (December 2019). The Veteran served for approximately two months and was discharged pursuant to Entrance Physical Standards Board Proceedings based on a diagnosis of bilateral pes cavus. See Military Personnel Record (May 1985). There are no post-service medical treatment records associated with the claims file. VA attempted to obtain VA treatment records, but a negative response was received. See CAPRI (November 2019). The Veteran has not identified or submitted any medical treatment records. Furthermore, the Veteran has not submitted any statement regarding the right knee other than her initial statement in her claim that she suffered an injury during basic training. See VA 21-526EZ, Fully Developed Claim (September 2019). It is noted that VA's duty to assist is not a one-way street. See Wood v. Derwinski, 1 Vet. App. 190, 193 (1991); The Board thus finds that service connection for a right knee disorder is not warranted. First, the evidence does not demonstrate a current right knee disability. There are no relevant medical records showing a disability and the Veteran's assertion in her claim that she had a knee injury during service does not rise to the level of showing current functional impairment of earning capacity. See Saunders v. Wilkie, 886 F.3d 1356, 1367-68 (Fed. Cir. 2018). Second, the evidence does not demonstrate an in-service right knee injury or symptoms, as the STRs are silent for such. Again, other than a general assertion in her claim, the Veteran has not provided other statements regarding right knee injury or symptoms during service. Third, the evidence does not support a finding of a nexus between any disorder and service. There is no etiological opinion of record and the lay and medical evidence of record do not show continuity of symptoms. Accordingly, service connection is not warranted. Accordingly, the claim is denied. There is no doubt to resolve. 38U.S.C. §5107(b). C.A. SKOW Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K.M., 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.