Citation Nr: 21070889 Decision Date: 11/26/21 Archive Date: 11/26/21 DOCKET NO. 10-10 291 DATE: November 26, 2021 ORDER Entitlement to service connection for a bilateral knee condition is denied. FINDING OF FACT The preponderance of the evidence of record is against finding that the Veteran has had a bilateral knee condition at any time during or approximate to the pendency of the claim. CONCLUSION OF LAW The criteria for service connection for a bilateral knee condition 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 had active-duty service from November 1990 to May 1991, with periods of active duty for training (ACDUTRA) from June 1988 to August 1988 and from June 1989 to September 1989. This matter comes before the Board of Veterans' Appeals (Board) from an August 2009 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran's claim has been remanded multiple times, most recently in April 2021 to address the inadequacies with VA examinations of record assessing the nature and etiology of the claimed for bilateral knee condition. Now associated with the Veteran's claims file is a September 2021 VA examination report and medical opinion, and to that extent, the Board finds that its April 2021 remand directives have been substantially complied with. See Stegall v. West, 11 Vet. App. 268, 271 (1998). 1. Entitlement to service connection for a bilateral knee condition 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 Board concludes that the Veteran does not have a current diagnosis of a bilateral knee disability and has not had one at any time during the pendency of the claim or recent to the filing of the claim. Romanowsky v. Shinseki, 26 Vet. App. 289, 294 (2013); McClain v. Nicholson, 21 Vet. App. 319, 321 (2007). The September 2021 VA examiner evaluated the Veteran and determined that, while he experienced subjective symptoms of pain if he drives for too long, after walking a few steps it goes away, and does not otherwise have a diagnosed bilateral knee condition. Furthermore, the Veteran added that he does not have problems with his knees. Id. The Board notes that the record contains conflicting medical evidence on the issue of diagnosed bilateral knee condition, but as the Veteran confirmed that he does not have knee problems during the September 2021 VA examination, the Board assigns the September 2021 VA examination report and medical opinion more probative weight. See also April 2016 VA examination report; October 2018 VA addendum medical opinion; February 2021 VA examination report. To the extent that pain, when it causes functional impairment in earning capacity, may be considered a disability for VA compensation purposes, the Board finds that the evidence does not support such a degree of functional impairment, especially given that walking a few steps alleviates any problems. As the preponderance of the evidence is against finding that the Veteran has a currently diagnosed bilateral knee condition, there is no doubt to be resolved, and the claim must be denied. Gilbert v. Derwinski, 1 Vet. App. 49 (1990). Bethany L. Buck Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S.R. Fey, 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.