Citation Nr: 21012663 Decision Date: 03/04/21 Archive Date: 03/04/21 DOCKET NO. 17-52 034 DATE: March 4, 2021 ORDER Entitlement to service connection for a right knee disorder, to include as secondary to a service-connected disability, is granted. FINDING OF FACT It is at least as likely as not that the Veteran’s right knee disorder is etiologically related to his active duty service, or secondary to a service-connected disability. CONCLUSION OF LAW The criteria for service connection for a right knee disorder, to include as secondary to a service-connected disability, have been met. 38 U.S.C. §§ 1110, 1131, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a), 3.304, 3.307, 3.309, 3.310. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from October 1969 to October 1989. In December 2020, the Veteran and his wife testified before the undersigned Veterans Law Judge via videoconference. A transcript of the hearing is of record. 1. Entitlement to service connection for a right knee disorder The Veteran asserts that his right knee disorder is related to active duty service, to include as secondary to his already service-connected ankle disability. Specifically, under the relevant laws and regulations, service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131. Generally, the evidence must show: (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, 1166 -67 (Fed. Cir. 2004); Caluza v. Brown, 7 Vet. App. 498, 505 (1995). In addition to the regulations cited above, service connection is warranted for a disability which is aggravated by, proximately due to, or the result of a service-connected disease or injury. 38 C.F.R. § 3.310. Any additional impairment of earning capacity resulting from an already service-connected condition, regardless of whether or not the additional impairment is itself a separate disease or injury caused by the service-connected condition, should also be compensated. Allen v. Brown, 7 Vet. App. 439 (1995). When service connection is thus established for a secondary condition, the secondary condition shall be considered a part of the original condition. Id. In this case, the Board determines that service connection is warranted. Specifically, the Board notes that a November 2017 VA examiner opined that the Veteran’s right knee disorder was at not least as likely as not related to active duty service including the undocumented basketball injury or his already service-connected ankle disability. She provided the rationale that the injury was not severe enough to seek treatment, and that the Veteran did not note any issues with his right knee on his separation examination. She further stated that the Veteran had physically challenging employment after service, and that he has had multiple other injuries to his knee. She also stated that he continues to hunt. She provided the same rationale for why the bilateral ankle disability is not the cause of his right knee disorder. However, the evidence also includes a statement from a private practitioner, who stated that the Veteran’s service connected ankle disorder was “a component” in his current knee symptoms. The Board also notes that the Veteran had an almost 20-year career in the Navy, and it is fair to presume in this case that his lengthy service contributed to his knee symptoms to at least some degree. In light of the above discussion, the Board concludes that the preponderance of the evidence is in equipoise, and service connection is warranted. 38 U.S.C. § 5107(b); Gilbert v. Derwinski, 1 Vet. App. 49 (1990). Therefore, the appeal is denied. 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. B.T. KNOPE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. Billinger, Associate Counsel