Citation Nr: 21015568 Decision Date: 03/17/21 Archive Date: 03/17/21 DOCKET NO. 18-04 761 DATE: March 17, 2021 ORDER Service connection for a right knee disorder, to include as secondary to the Veteran's service-connected left knee disability, is granted. FINDING OF FACT Resolving reasonable doubt in the Veteran's favor, it is at least as likely as not that his right knee disorder is etiologically related to active duty service. CONCLUSION OF LAW The criteria for service connection for a right knee disorder, to include as secondary to the Veteran's service-connected left knee disability, have been met. 38 U.S.C. §§ 1131, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a), 3.304, 3.307, 3.309. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served in the United States Marine Corps, with active duty service from June 1975 to June 1979, September 1980 to January 1982, and November 1982 to November 1987. This claim comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2015 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the undersigned Veterans Law Judge in a March 2020 hearing. A transcript of that hearing is of record. Entitlement to service connection for a right knee disorder, to include as secondary to the Veteran’s service-connected left knee disability The Veteran asserts that his right knee disorder is related to service, to include as secondary to and/or aggravated by his service-connected left knee disorder. The question for the Board is whether the Veteran has a current disability that began during service or is at least as likely as not etiologically related to, including aggravated by, an in-service injury, event, or disease, including as secondary to and/or aggravated by a service-connected disability. 38 U.S.C. §§ 1110, 5107(b); Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004); 38 C.F.R. §§ 3.303(a), 3.304, 3.306, 3.307, 3.309, 3.310. Based on the evidence of record, the Board determines that service connection is warranted for the Veteran's right knee disorder. As an initial matter, the Board observes that the Veteran is service connected for a left knee disability. Next, the Veteran's treatment records, in conjunction with his credible statements, reflect that his right knee disability is secondary to and/or aggravated by his service-connected left knee disability. Specifically, in March 2020, the Veteran's private treating physician opined that his right knee disorder is related to his service-connected left knee disability. Therefore, the Board finds that the Veteran's right knee disorder is related to his service-connected left knee disability. In arriving at this conclusion, the Board acknowledges that the evidence includes a negative opinion by the December 2017 VA examiner, which indicates the Veteran's right knee disorder was not caused by or related to the Veteran's left knee disorder. In this case, the examiner indicated that there was no evidence that the Veteran's right knee disorder was permanently aggravated by his service-connected left knee disability, opining that his right knee disorder was caused by natural age progression. This opinion is found to be less probative as it was rendered by a medical provider that examined the Veteran once rather than the medical opinion rendered by the treating source provider that is familiar with the Veteran's long-term medical history. Therefore, the Board finds that the evidence is in relative equipoise to support service connection. As such, service-connection is warranted. 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 T. McDonald