Citation Nr: 21067476 Decision Date: 11/04/21 Archive Date: 11/04/21 DOCKET NO. 18-51 206 DATE: November 4, 2021 ORDER Service connection for a right knee disability is granted. FINDING OF FACT The Veteran began experiencing symptoms of his current right knee disability while in service, and he has continued to experience those symptoms since separation from active duty. CONCLUSION OF LAW The criteria for service connection for right knee disability have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from October 1977 to May 1978. He had additional National Guard service from May 1978 to October 1999, including verified periods of active duty for training (ACDUTRA). This matter comes before the Board of Veterans Appeals (Board) on appeal from a March 2015 rating decision. In August 2021, the Veteran testified at a hearing before the undersigned Veterans Law Judge (VLJ). A transcript of the hearing has been associated with the Veteran's claims file. Service Connection Right Knee 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; 38 C.F.R. § 3.303(a). Service connection requires competent evidence of (1) a current disability; (2) the incurrence or aggravation of a disease or injury during service; and (3) a causal relationship between the current disability and the disease or injury incurred or aggravated during service. Shedden v. Principi, 381 F.3d 1163 (Fed. Cir. 2004). Service connection may be granted for any disease diagnosed after discharge when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). Additionally, service connection can also be established through application of a statutory presumption for chronic diseases when manifested to a compensable degree within a year of separation from service. 38 C.F.R. §§ 3.307, 3.309. If a chronic disease is not manifested to a compensable degree within a year of separation of service, then, generally, a showing of "continuity of symptoms" after service is required for service connection. 38 C.F.R. § 3.303(b). Furthermore, a layperson is competent to report on the onset and continuity of his or her current symptomatology. Layno v. Brown, 6 Vet. App. 465, 470 (1994) (a veteran is competent to report on that of which he or she has personal knowledge). Here, the Veteran contends that his current right knee disability onset during his active service. His service treatment records show that in July 1995, he was treated for acute right knee strain after he fell while unloading a truck. Also, he has a current diagnosis of degenerative arthritis of his right knee. Thus, he meets the current diagnosis and in-service event elements of this claim, and the only remaining issue is whether a nexus (causal relationship) exists between his right knee disability and his active duty. At an April 2018 VA examination, the examiner confirmed the Veteran's diagnosis of right knee arthritis but found that it was less likely than not related to his service based on the lack of chronicity of right knee pain in the Veteran's service treatment records. The examiner noted that the Veteran injured his right knee when he was hit by a car in 2001 and opined that, due to the severity of the 2001 injury, it was unlikely that his currently diagnosed right knee disability (and associated limitations) were related to his in-service 1995 injury. In August 2021, the Veteran testified that he injured his right knee during service, in 1995, during a slip and fall accident. He testified that, since the injury, he has continued to experience right knee problems and has sought post-service treatment with VA. He also testified that he has not sustained any other injuries to his right knee since the 1995 injury. He explained that he was involved in a motor vehicle accident in 2001, but that his left knee and left leg were injured at that time, not his right lower extremity. While the Board cannot ignore or disregard the VA examiner's medical conclusions, the Board is free to assess medical evidence and is not compelled to accept a medical opinion. See Willis v. Derwinski, 1 Vet. App. 66 (1991); Wilson v. Derwinski, 2 Vet. App. 614 (1992). Here, the examiner failed to provide an adequate rationale to support her opinion. First, the examiner states that her opinion is based upon a lack of chronicity of right knee pain, but the examiner failed to address the Veteran's lay statements regarding the continuity of his right knee pain. Also, the examiner opines that the severity of the Veteran's injuries from the 2001 motor vehicle accident make it less likely that his current right knee disability is related to his service. However, the Veteran did not injure his right knee during the 2001 accident, and the examiner failed to explain how the 2001 accident is relevant to his previous 1995 right knee injury and his current right knee disability. Thus, the Board affords the examiner's opinion little, if any, probative value. Based on the above, the Board finds the Veteran's competent, credible testimony to be the most probative evidence of record. As such, the Board finds that his right (CONTINUED ON NEXT PAGE) knee disability began in service and has continued since. 38 U.S.C. § 5107(b); Gilbert v. Derwinski, 1 Vet. App. 49 (1990). Thus, service connection for a right knee disability is granted. THERESA M. CATINO Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Benson, 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.