Citation Nr: 21024291 Decision Date: 04/22/21 Archive Date: 04/22/21 DOCKET NO. 15-11 250 DATE: April 22, 2021 ORDER Entitlement to service connection to right knee disorder is denied. FINDING OF FACT The preponderance of the evidence of record is against finding that the Veteran has had a right knee disability, to include functional impairment resulting in impairment of earning capacity, at any time during or approximate to the pendency of the claim. CONCLUSION OF LAW The criteria for service connection for a right knee disorder are not met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303.   REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served in the United States Army from June 2010 to November 2013. This matter originally came before the Board from a May 2014 rating decision and was most recently remanded in October 2018. The Veteran appeared before the undersigned Veterans Law Judge at a Board hearing in June 2018. The transcript is in the record. 1. Entitlement to service connection to right knee condition The Veteran contends that his right knee pain is related to his military service, or his service-connected 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). In Saunders v. Wilkie, 886 F.3d 1356 (Fed. Cir. 2018), the Federal Circuit held that “pain alone, without an accompanying diagnosis of a present disease, can qualify as a disability” if it “reaches the level of a functional impairment of earning capacity.” Id. at 1367-69. The Veteran was afforded a VA examination in May 2014. The Veteran reported right knee pain after running, but there was no history of trauma to the right knee. The examiner noted pain in the right knee that contributed to functional impairment in the form of slightly reduced limitation of motion. Normal range of motion for the knee is flexion to 140 degrees and extension to 0 degrees. The   Veteran’s flexion on the right was noted to be limited to 135 degrees and extension was noted to be normal. Strength and stability testing was also normal. The examiner opined that the Veteran’s knees would not impair his ability to work. At the January 2020 VA examination, the Veteran reported functional loss that manifested as being unable to stand for more than 30 minutes, walking for more than 5 minutes, inability to run or kneel, unable to squat repeatedly, and unable to go up more than one flight of stairs at a time. The examiner evaluated the Veteran and determined that, while he experienced subjective symptoms of pain and discomfort, particularly in the squatting position at 100 degrees, he did not have a diagnosis of a right knee disability. The examiner also noted the Veteran’s right knee did not present with pain on the day of examination, range of motion was normal, no instability was noted, and there was no reduction of strength. Such findings tend to demonstrate the right knee does not impact the Veteran’s earning capacity. The Board concludes that the Veteran does not have a current diagnosis of any right knee condition and has not had one at any time during the pendency of the claim or recent to the filing of the claim. Romanowsky v. Shinseki, 26 Vet. App. 289, 294 (2013); McClain v. Nicholson, 21 Vet. App. 319, 321 (2007). Neither VA examination identified a current disability of the right knee. Moreover, even in considering his subjective complaints, the January 2020 examiner determined that the Veteran did not experience functional impairment of the right knee. A review of the Veteran’s treatment records similarly documents his complaints of knee pain without there being any indication of their being an impairment of earning capacity or diagnosed disability. While the Veteran believes he has a current diagnosis of a right knee disability, he is not competent to provide a diagnosis in this case. The issue is medically complex, as it requires a specialized medical education. Jandreau v. Nicholson, 492 F.3d 1372, 1377, 1377 n.4 (Fed. Cir. 2007). Consequently, the Board gives more probative weight to the competent medical evidence. Further, to the extent functional impairment of the right knee has been reported by the Veteran and noted on physical examination, the evidence does not support a finding that these result in an impairment of earning capacity. As there is no current diagnosis of a right knee disability, or pain that causes impairment of earning capacity, entitlement to service connection for a right knee disorder has not been established. MICHAEL A. HERMAN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board E. Rekowski 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.