Citation Nr: 21023609 Decision Date: 04/21/21 Archive Date: 04/21/21 DOCKET NO. 16-35 474 DATE: April 21, 2021 ORDER Service connection for a right knee disability is denied. Service connection for a left knee disability is denied. FINDINGS OF FACT 1. The preponderance of the evidence is against finding that a right knee disability began during active service or is otherwise related to an in-service injury or disease. 2. The preponderance of the evidence is against finding that a left knee disability began during active service or is otherwise related to an in-service injury or disease. CONCLUSIONS OF LAW 1. The criteria for service connection for a right knee disability are not met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303. 2. The criteria for service connection for a left knee disability are not met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty in the United States Army from January 2007 to July 2010. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a December 2013 rating decision. The Veteran testified before the undersigned Veterans Law Judge at a Board hearing in June 2019. The Board remanded the claims in November 2019 for further development. The Board finds that there has been substantial compliance with the remand directives. Service Connection 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; 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). Bilateral Knee Disability Regarding the first element, a current disability, medical records for the Veteran establish a diagnosis of knee joint arthritis of both knees. This finding was confirmed in a February 2021 Disability Benefits Questionnaire (DBQ) completed by a VA examiner regarding the Veteran’s right and left knee claims. Therefore, the Board finds that the Veteran has a current disability satisfying the first element of a service connection claim. However, the second element, an in-service incurrence or aggravation of a disease or injury, has not been met. There is no evidence of record showing any injury of the right or left knee occurring in-service. Rather, the February 2021 DBQ noted that the Veteran was never seen for knee pain in service and did not require any medical treatment until 2014, 4 years after service. The examiner ultimately concluded that the Veteran’s right and left knee arthritis was less likely than not incurred in or caused by the claimed in-service injury, event, or illness. Specifically, the examiner noted the reports from the Veteran regarding his claimed bilateral knee disability. Further, the examiner also noted the claim from the Veteran regarding his duties as an infantry soldier including ruck marching, carrying heavy loads and development of wear and tear. However, the examiner noted that the evidence of record does not support that the Veteran’s knee pain began in-service and continued in the 3 years immediately following service. There is no competent medical opinion to refute this conclusion or otherwise link the Veteran’s bilateral knee disability to his service. To the extent that the Veteran himself has asserted such a link, he does not possess the requisite medical knowledge or training to render such an opinion. As no causal connection between the Veteran’s bilateral knee disability and his military service has been established service connection is not warranted. JOHN Z. JONES Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Jorge Barroso, 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.