Citation Nr: 21010945 Decision Date: 02/26/21 Archive Date: 02/26/21 DOCKET NO. 18-43 995 DATE: February 26, 2021 ORDER Entitlement to nonservice-connected pension is denied. Entitlement to service connection for a left knee disability is denied. Entitlement to service connection for a right knee disability is denied. FINDINGS OF FACT 1. The Veteran did not have active military, naval, or air service during a period of war.  2. Left and right knee osteoarthritis with bilateral knee replacements was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period; continuity of symptomatology is not established; and the disability is not otherwise etiologically related to an in-service injury or disease. CONCLUSIONS OF LAW 1. The criteria for entitlement to nonservice-connected pension have not been met. 38 U.S.C. § 1501, 1521; 38 C.F.R. § 3.2, 3.3, 3.314. 2. The criteria for service connection for left knee osteoarthritis with a knee replacement are not met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. 3. The criteria for service connection for right knee osteoarthritis with a knee replacement are not met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from August 1958 to August 1962. Entitlement to nonservice-connected pension To establish eligibility for nonservice-connected pension benefits, the evidence must show, among other things, that the appellant has the requisite active wartime service. 38 U.S.C. § 1521 (a); 38 C.F.R. § 3.3, 3.314(b). A veteran meets the service requirements if he served in the active military, naval, or air service, (1) for ninety days or more during a period of war; (2) during a period of war and was discharged or released from such service for a service-connected disability; (3) for a period of ninety consecutive days or more and such period began or ended during a period of war; or (4) for an aggregate of ninety days or more in two or more separate periods of service during more than one period of war. See 38 U.S.C. §§ 1521.  The term “period of war” for pension purposes means the Mexican Border Period, World War I, World War II, the Korean conflict, the Vietnam era, the Persian Gulf War, and the period beginning on the date of any future declaration of war by the Congress and ending on the date prescribed by Presidential proclamation or concurrent resolution of the Congress. 38 U.S.C. § 1501(4); 38 C.F.R. § 3.2.  The Vietnam era defined as the period beginning on February 28, 1961 and ending on May 7, 1975, inclusive, in the case of a veteran who actually served in the Republic of Vietnam during that period; or beginning on August 5, 1964 and ending on May 7, 1975, inclusive, in all other cases. 38 C.F.R. § § 3.2(f). The record shows that the Veteran had active duty service from August 1958 to August 1962. Personnel records show that the Veteran did not have service in the Republic of Vietnam. Thus, his period of active service from August 1958 to August 1962, occurred between the Korean Conflict, which for VA purposes ended on January 31, 1955, and the Vietnam era, which began on August 5, 1964. 38 C.F.R. § 3.2. This finding is in no way intended to diminish the value or significance of the Veteran’s service, but is rather required to fulfill the Board’s duty to ensure compliance with the applicable statutes and regulations. As such, entitlement to nonservice-connected pension is denied as a matter of law. Service Connection 1. Entitlement to service connection for a left and right knee disabilities 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). Certain chronic diseases will be presumed related to service, absent an intercurrent cause, if they were shown as chronic in service; or, if they manifested to a compensable degree within a presumptive period following separation from service; or, if they were noted in service (or within an applicable presumptive period) with continuity of symptomatology since service that is attributable to the chronic disease. 38 U.S.C. §§ 1101, 1112, 1113, 1137; 38 C.F.R. §§ 3.303, 3.307, 3.309. Walker v. Shinseki, 708 F.3d 1331, 1338 (Fed. Cir. 2013).The question for the Board is whether the Veteran has a current left or right knee disability that began during service or is at least as likely as not related to an in-service injury, event, or disease. The Board finds that, while the Veteran has a diagnosis of chronic osteoarthritis in the right and left knee with bilateral knee replacements in 2008, the preponderance of the evidence is against finding that arthritis began during active service, or is otherwise related to an in-service injury, event, or disease. A June 2018 letter from Dr. T.M. identifies a current diagnosis of left and right knee severe osteoarthritis treated from 2007 to 2010 with bilateral knee replacements in August 2008 and September 2008. He did not provide an opinion as to the etiology of the bilateral knee disability. VA treatment records also identify osteoarthritis of the knees with a history of total knee arthroplasty of both knees. Service treatment records do not identify any injury or complaints related to the knees in service, nor has the Veteran identified any history of injury or complaints. There is no evidence of record which tends to relate the Veteran’s current bilateral knee disability to service. Osteoarthritis was not diagnosed until decades after service separation. For these reasons, the Board finds that left and right knee osteoarthritis with bilateral knee replacements was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period; continuity of symptomatology is not established; and the disability is not otherwise etiologically related to an in-service injury or disease. Accordingly, service connection for the right and left knee disabilities is not warranted. K. PARAKKAL Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Christine C. Kung 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.