Citation Nr: 21008295 Decision Date: 02/16/21 Archive Date: 02/16/21 DOCKET NO. 17-08 787 DATE: February 16, 2021 ORDER Entitlement to service connection for left knee degenerative arthritis and status post ACL repair is granted. Entitlement to service connection for right knee patellofemoral chondromalacia with medial meniscal tear is granted. Entitlement to service connection for left ankle arthritic changes with calcaneal spur and sprain is granted. Entitlement to service connection for sinusitis with rhinitis is granted. REMANDED Entitlement to service connection for right ear hearing loss is remanded. FINDINGS OF FACT 1. The Veteran’s left knee disability is attributable to service. 2. The Veteran’s right knee disability is attributable to service. 3. The Veteran’s left ankle disability is attributable to service. 4. The Veteran’s sinusitis with rhinitis is attributable to service. CONCLUSIONS OF LAW 1. The criteria for service connection for a left knee disability have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.303. 2. The criteria for service connection for a right knee disability have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.303. 3. The criteria for service connection for a left ankle disability have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.303. 4. The criteria for service connection for sinusitis with rhinitis have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.303. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from September 1985 to September 1993. The Veteran testified before the undersigned at a December 2020 Board hearing. A transcript is of record. Service Connection A Veteran is entitled to VA disability compensation if there is a disability resulting from personal injury suffered or disease contracted in the line of duty in active service, or for aggravation of a preexisting injury suffered or disease contracted in the line of duty in active service. 38 U.S.C. § 1110, 1131. Generally, to establish a right to compensation for a present disability, a veteran must show: (1) a present disability; (2) an 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, the so-called “nexus” requirement. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Service connection may be granted for any disease diagnosed after discharge, when all of the evidence, including that pertinent to service, establishes that a disease was incurred in service. 38 C.F.R. § 3.303(d). 1. Entitlement to service connection for left knee degenerative arthritis and status post ACL repair is granted. 2. Entitlement to service connection for right knee patellofemoral chondromalacia with medial meniscal tear is granted. The Veteran has currently diagnosed left knee degenerative arthritis and status post ACL repair and right knee patellofemoral chondromalacia with medial meniscal tear disabilities. See August 2013 VA examination report and November 2020 Dr. S.R. report. Service treatment records (STRs) include a June 1993 report of medical history indicated the Veteran reported that he now has or has ever had broken bones and cramps in his legs. Further, the Veteran has reported injuring his knees in service. The Board notes the August 2013 VA examiner’s negative nexus opinion; however, in a November 2020 private nexus opinion, Dr. S.R. attributed the Veteran’s bilateral knee disabilities to service and explained that his opinion was based the Veteran’s reports, cited medical literature, and examination of the Veteran. Affording the Veteran the benefit of reasonable doubt, the Board finds that the competent and credible evidence of record establishes a link between the Veteran’s bilateral knee disabilities and service. Accordingly, the Board grants service connection for left knee and right knee disabilities. See 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. 3. Entitlement to service connection for left ankle arthritic changes with calcaneal spur and sprain is granted. The Veteran has a currently diagnosed left ankle arthritic changes left ankle, with calcaneal spur and sprain disability. See August 2013 VA examination report. STRs include a June 1993 report of medical history indicated the Veteran reported that he now has or has ever had broken bones. Further, the Veteran has reported injuring his ankle in service. The Board notes the August 2013 VA examiner’s negative nexus opinion; however, in a November 2020 private nexus opinion, Dr. S.R. attributed the Veteran’s left ankle disability to service and explained that his opinion was based the Veteran’s reports, cited medical literature, and examination of the Veteran. Affording the Veteran the benefit of reasonable doubt, the Board finds that the competent and credible evidence of record establishes a link between the Veteran’s left ankle disability and service. Accordingly, the Board grants service connection for left knee disability. See 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. 4. Entitlement to service connection for sinusitis with rhinitis is granted. The Veteran has currently diagnosed chronic sinusitis and rhinitis, and the examiner indicated the Veteran’s sinusitis has been characterized by headaches. See November 2016 VA examination report. STRs include a June 1993 report of medical history indicated the Veteran reported that he now has or has ever had eye trouble and ear, nose, or throat trouble. The Board notes the November 2016 VA examiner’s negative nexus opinion; however, in a March 2013 private nexus opinion, Dr. T.M. attributed the Veteran’s sinusitis symptoms of headaches to service. Affording the Veteran the benefit of reasonable doubt, the Board finds that the competent and credible evidence of record establishes a link between the Veteran’s sinusitis with rhinitis disability and his service. Accordingly, the Board grants service connection for sinusitis and rhinitis. See 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. REASONS FOR REMAND 5. Entitlement to service connection right ear hearing loss is remanded. Regarding the right ear hearing loss claim, a remand on this issue is required to afford the Veteran a new VA examination. The Veteran’s most recent VA audiological examination was over four years ago in November 2016, at which time the Veteran did not meet the criteria required for VA compensation purposes. The Veteran will need a new examination to determine whether he has a current right ear hearing loss disability for VA purposes. The matter is REMANDED for the following action: 1. Schedule the Veteran for a VA examination to determine the etiology of the Veteran’s right ear hearing loss. The claims file should be reviewed by the examiner. All indicated testing should be performed and results recorded. The examiner is requested to provide the following opinion: (a) Identify whether the Veteran has a current right ear hearing loss disability for VA purposes. (b) For any current right ear hearing loss disability, is it at least as likely as not (50 percent or greater probability) that the current right ear hearing loss disability is related to service, to include conceded noise exposure during service. A detailed rationale for all opinions must be provided. If the examiner is unable to offer the requested opinion, it is essential that the examiner offer a rationale for the conclusion that an opinion could not be provided without resort to speculation, together with a statement as to whether there is additional evidence that could enable an opinion to be provided, or whether the inability to provide the opinion is based on the limits of medical knowledge. 2. Thereafter, readjudicate the Veteran’s claim. If the benefits sought on appeal is not granted, issue a supplemental statement of the case and provide the Veteran an opportunity to respond. C. TRUEBA Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Schick, 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.