Citation Nr: A21020400 Decision Date: 12/22/21 Archive Date: 12/22/21 DOCKET NO. 200517-84275 DATE: December 22, 2021 ORDER Entitlement to service connection for a right knee disability for treatment purposes only is denied. Entitlement to service connection for left knee disability for treatment purposes only is denied. FINDING OF FACT The probative medical evidence of record has not shown that the appellant suffers from a currently diagnosed left or right knee disability that is the result of military service. CONCLUSIONS OF LAW 1. A left knee disability was not incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131 (2012); 38 C.F.R. §§ 3.303. 2. A right knee disability was not incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131 (2012); 38 C.F.R. §§ 3.303,3.360. REASONS AND BASES FOR FINDING AND CONCLUSIONS The appellant served in the United States Navy from July 1988 to August 1992 and was discharged under other than honorable conditions. In a final August 2012 administrative decision, the Department of Veterans Affairs (VA) Regional Office (RO) determined that the character of the appellant's discharge from this period of service was a bar to his receipt of VA benefits stemming from such service, other than health care under Chapter 17 of Title 38, United States Code. See 38 C.F.R. § 3.12. This matter comes before the Board of Veterans' Appeals (Board) from an October 2019 rating decision by the VA RO, which denied service connection for treatment purposes only under 38 U.S.C. Chapter 17 for left and right knee disabilities. It constitutes an initial decision; therefore, the modernized review system, also known as the Appeals Modernization Act (AMA), applies. In the March 2019 VA Form 10182, Decision Review Request: Board Appeal, the appellant elected the Direct Review Docket. In a April 2019 submission the appellant, through his attorney, indicated a desire to reopen the claim as to the characterization of his discharge. However, rather than including that claim on the VA 21-526EZ, Fully Developed Claim (Compensation), the representative included it as a statement in the accompanying paperwork. Claims must be filed on the appropriate form. 38 C.F.R. § 3.160. As the appellant did not submit the claim on the appropriate form, the RO did not accept it as a claim. If the appellant wishes to, he may file the appropriate form to reopen the claim as to the characterization of his discharge. As indicated above, health care and related benefits authorized by Chapter 17 of title 38 U.S.C. shall be provided to certain former servicepersons with administrative discharges under other than honorable conditions for any disability incurred or aggravated during active military, naval, or air service in line of duty. 38 C.F.R. § 3.360 (a). Under the laws administered by VA, service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active service. See 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303 (a). Service connection may also be granted for any disease diagnosed after discharge from service when all the evidence, including that pertinent to service, establishes that the disease was incurred during service. 38 C.F.R. § 3.303 (d). 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. 38 C.F.R. § 3.303 (a); Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004). In this case the appellant's service treatment records do not reflect any knee complaints; and he has not submitted any evidence he has been diagnosed by a medical professional to have any knee disability. Likewise, he has not submitted evidence reflecting he has functional impairment of the knees. Lacking evidence of the elements upon which to establish service connection, the appeal is denied. MICHAEL KILCOYNE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Uller, 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.