Citation Nr: 21009484
Decision Date: 02/22/21	Archive Date: 02/22/21

DOCKET NO. 16-11 367
DATE: February 22, 2021

ORDER

Service connection for a right knee disability is granted.

FINDINGS OF FACT

The evidence shows 1) the Veteran has a current right knee diagnosis (See October 2014 and January 2020 VA examinations), 2) experienced an injury to his right knee while in service (See July 1980 service treatment record), and 3) has experienced objectively observable symptoms of pain (although at times intermittent) since the in-service injury to his right knee (See March 2014 notice of disagreement, October 2014 VA examination, March 2016 VA Form 9, January 2020 VA examination, and July 2020 statement in support of claim); therefore a causal link (“nexus”) between the injury in-service and his current right knee condition is established. Although a January 2020 VA examination provided a negative causal link opinion, the examiner indicated that the Veteran’s reported symptoms are consistent with his diagnosed condition and provided no explanation or reason to rebut the Veteran’s reports of pain and persistent symptoms. (The October 2014 VA medical opinion was found inadequate by the Board previously.) 

CONCLUSIONS OF LAW

Service connection for a right knee disability is warranted. 38 U.S.C. §§ 1101, 1112, 1113, 1131, 1137, 5107(b) (2012); 38 C.F.R. §§ 3.102, 3.303, 3.304, 3.307, 3.309 (2019).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served in the U.S. Army from September 1977 to September 1980. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a November 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

In August 2019, the Board remanded the Veteran’s claim for further development. The claim has now returned to the Board for adjudication. 

For the reasons outlined above, service connection for a right knee disability is granted.

 

 

VICTORIA MOSHIASHWILI

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Williams, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.