Citation Nr: 21005643 Decision Date: 02/02/21 Archive Date: 02/02/21 DOCKET NO. 18-48 764 DATE: February 2, 2021 ORDER Service connection for right knee osteoarthritis is granted. FINDING OF FACT The Veteran’s right knee condition had its onset in service. CONCLUSION OF LAW The criteria for service connection for right knee disorder have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Navy from June 1967 to January 1971, including service in the Republic of Vietnam. This claim arises from an Intent to File a Claim received on June 29, 2016 and a filed new claim for benefits that was received on November 29, 2016. In January 2021, the Veteran and his wife appeared at a hearing before the undersigned Veterans Law Judge. Service Connection In general, service connection may be granted for a disability or injury incurred in or aggravated by active military service. See 38 U.S.C. § 1110; 38 C.F.R. § 3.303. To prevail on a direct service connection claim, there must be competent evidence of (1) a current disability, (2) an in-service incurrence or aggravation of a disease or injury, and (3) a nexus between the in-service disease or injury and the current disability. See Holton v. Shinseki, 557 F.3d 1362, 1366 (Fed. Cir. 2009); 38 U.S.C. § 1110; 38 C.F.R. § 3.303. Service connection may also be established by credible lay evidence and medical evidence provided by the Veteran or otherwise. 38 U.S.C. §§ 1110, 1131 (2012); 38 C.F.R. § 3.303 (2018). When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, VA shall resolve reasonable doubt in favor of the claimant. See 38 U.S.C. § 5107; 38 C.F.R. § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49 (1990). To deny a claim on its merits, the evidence must preponderate against the claim. See Alemany v. Brown, 9 Vet. App. 518 (1996). Determinations as to service connection will be based on review of the entire evidence of record, to include all pertinent medical and lay evidence, with due consideration to VA’s policy to administer the law under a broad and liberal interpretation consistent with the facts in each individual case. See 38 U.S.C. § 1154 (a); 38 C.F.R. § 3.303 (a). The Board is charged with the duty to assess the credibility and weight given to evidence. Madden v. Gober, 125 F.3d 1477, 1481 (Fed. Cir. 1997), cert. denied, 523 U.S. 1046 (1998); Wensch v. Principi, 15 Vet. App. 362, 367 (2001). Indeed, in Jefferson v. Principi, 271 F.3d 1072 (Fed. Cir. 2001), the United States Court of Appeals for the Federal Circuit (Federal Circuit), citing its decision in Madden, recognized that that Board had inherent fact-finding ability. Id. at 1076; see also 38 U.S.C. § 7104 (a) (West 2002). Moreover, the United States Court of Appeals for Veterans Claims (Court) has declared that in adjudicating a claim, the Board has the responsibility to weigh and assess the evidence. Bryan v. West, 13 Vet. App. 482, 488-89 (2000); Wilson v. Derwinski, 2 Vet. App. 614, 618 (1992). Right knee The Veteran seeks service connection for his right knee condition. In support, the Veteran and spouse reported at his BVA hearing of his right knee injury in service and that his condition has been recurrent ever since. See BVA hearing transcript (January 2021) and see also buddy statement, S.T., (September 2017). The Veteran has a diagnosis of right knee ostearthritis. See VA medical examination (October 2017). Thus, the first element of service connection is met. Throughout the appeal, the Veteran has stated that his right knee condition has been recurrent since service. The Board finds that the medical and lay evidence linking the Veteran's right knee disability to service is probative, competent and credible. Indeed, the record shows a fellow Veteran who was present and confirms the Veteran’s right knee injury in service with a rocket. See buddy statement, R.G., (May 2017). The Board finds that the competent and credible evidence, that shows that the Veteran’s right knee problems have been recurrent since service. The Board finds the Veteran’s and spouse sworn testimony and medical records, credible in showing that his right knee condition is related to service. The Veteran is competent to report his right knee symptoms that began in service and the Board finds the Veteran’s statements credible. See 38 C.F.R. § 3.159 (a)(2); Washington v. Nicholson, 19 Vet. App. 362, 368 (2005); Layno. The Board finds that the lay evidence is consistent with other evidence of record, both medical and lay, and further finds that it is competent and credible. Thus, service connection is warranted for his right knee condition. (Continued on the next page)   In light of the competent lay and medical evidence linking the Veteran’s right knee disability to service, the Board finds that the Veteran's right knee disability had its onset during his period of military service. As such, service connection is granted. See 38 C.F.R. § 3.303(a). STEVEN D. REISS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Alvarado- 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.