Citation Nr: 21011102 Decision Date: 02/26/21 Archive Date: 02/26/21 DOCKET NO. 18-29 507 DATE: February 26, 2021 ORDER Entitlement to service connection for right knee osteoarthritis, status post arthroscopy (hereinafter right knee disability) is granted. FINDING OF FACT Resolving reasonable doubt in the Veteran’s favor, his right knee disability is secondary to his service-connected disabilities. CONCLUSION OF LAW The criteria for service connection for a right knee disability have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.310. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from July 1965 to September 1966. The matter comes before the Board of Veterans’ Appeals (Board) on appeal from a February 2016 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In January 2021, the Veteran testified at a hearing before the undersigned Veterans Law Judge. A copy of the proceeding is associated with the electronic claims file. Service Connection for a Right Knee Disability The Veteran contends that his right knee disability to secondary to his service-connected left knee and back disability. Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated during service. 38 U.S.C. § 1131; 38 C.F.R. § 3.303. In order to establish service connection on a direct basis, the record must contain (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. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Secondary service connection is warranted where a claimed disability is proximately due to or the result of a service-connected disease or injury. 38 C.F.R. § 3.310(a). The threshold legal requirements for a successful secondary service connection claim are evidence of (1) a current disability for which secondary service connection is sought; (2) a disability already service-connected; and (3) competent evidence that the already service-connected disability caused or aggravated the disability for which service connection is sought. Id. The Veteran’s medical records reflect a diagnosis of a right knee disability. Thus, the first element of service connection have been met. The Board notes that several VA medical opinions have been obtained during the pendency of the appeal. However, the Board finds that the VA medical opinions of records are inadequate for adjudication purposes. Specifically, the December 2015 and August 2017 VA examiners noted that they were unable to render a medical opinion without resorting to mere speculation. The April 2017 and February 2018 VA examiner opined that there was no objective evidence indicating that the Veteran developed a right knee condition correlating to this left knee disability. No rationale or explanation was provided for this conclusion. Lastly, the May 2020 VA examiner opined that it was less likely than not that the Veteran’s right knee condition was secondary to his service-connected left knee condition, as the record does not show a discernable prolonged and significant period and/or profound extent of a gait disturbance due to service-connected left knee. The Board finds this opinion to be inadequate as the Veteran’s medical records contain multiple notations of a gait change/disturbance. The Board notes that a March 2016 medical record regarding treatment for the Veteran’s right knee from his private orthopedic physician, Dr. B.R.M., noted right knee and bilateral posttraumatic osteoarthritis from military injuries. Considering the evidence of record, and the VA’s prior attempts to obtain an adequate medical opinion, the Board finds that an additional attempt to obtain such an opinion is not warranted on this record. Rather, the Board resolves reasonable doubt in the Veteran’s favor and finds that service connection for a right knee disability, as secondary to his service-connected disabilities, is warranted. The Veteran’s submitted private medical record relates his right knee disability to his military injuries. The Board finds Dr. B.R.M.’s statement to be probative as he is a medical expert competent to provide an opinion on this matter and has treated the Veteran for his right knee disability. Accordingly, service connection for a right knee disability is granted. 38 U.S.C. § 5107(b); 39 C.F.R § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49, 55–57 (1990). Nathaniel J. Doan Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Robinson, 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.