Citation Nr: 21028296
Decision Date: 05/10/21	Archive Date: 05/10/21

DOCKET NO. 09-38 985
DATE: May 10, 2021

ORDER

Entitlement to service connection for a right knee disability is granted.

Entitlement to service connection for a left knee disability is granted.

FINDINGS OF FACT

1. The Veterans right knee disability is causally related to his military service.

2. The Veterans left knee disability is causally related to his military service.

CONCLUSIONS OF LAW

1. The criteria for service connection for a right knee disability have been met. 38 U.S.C. § 1110, 1131, 1154(b), 5107; 38 C.F.R. § 3.303, 3.307, 3.309.

2. The criteria for service connection for a left knee disability have been met. 38 U.S.C. § 1110, 1131, 1154(b), 5107; 38 C.F.R. § 3.303, 3.307, 3.309.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from May 1969 to November 1970.

This case has a lengthy procedural history. Most recently it was remanded by the Board of Veterans' Appeals (Board) in September 2020.

Entitlement to service connection for a bilateral knee disability 

The Veteran contends his bilateral knee disability is due to his time in service.  As noted in prior decisions, the Veteran has combat veteran status. See 38 U.S.C. § 1154(b). 

Certain chronic diseases will be presumed related to service if they were shown as chronic in service; or, if they manifested to a compensable degree within a presumptive period following separation from service; or, if they were noted in service, with continuity of symptomatology since service that is attributable to the chronic disease.  38 U.S.C. § 1101, 1112, 1113, 1137; 38 C.F.R. § 3.303, 3.307, 3.309.  Walker v. Shinseki, 708 F.3d 1331, 1338 (Fed. Cir. 2013).

When all the evidence is assembled, the Board is then responsible for determining whether the evidence supports the claim or is in relative equipoise, with the Veteran prevailing in either event, or whether the preponderance of the evidence is against the claim, in which case the claim is denied. 38 U.S.C. § 5107; 38 C.F.R. § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49 (1990).

The Veteran has a current diagnosis of degenerative arthritis to bilateral knees as evidenced by the January 2021 VA Examination.  Arthritis is an enumerated condition under 38 C.F.R. § 3.309(a); Walker, 708 F.3d 1331.  

The Board finds that the Veteran continued to experience the same symptoms from the end of his service to present day.  The Veteran is competent to report he experienced symptoms of pain in his knees and difficulty walking during the period of record, but did not seek treatment until after service. His statements are credible and entitled to probative weight, as they are internally consistent and consistent with other evidence of record, which is some evidence that these symptoms were attributable to the Veteran's bilateral degenerative arthritis. 

VA examiners have provided negative nexus opinions; however, the Board finds the evidence is in equipoise as to whether the Veteran's current disabilities were continuous since service. This is a case where there is an intervening injury and no prior opinion has been able to successfully resolve the nexus question.

As such, affording the benefit of the doubt and finding the evidence is at least in equipoise in favor of the Veteran, service connection for a bilateral knee disability is granted.  

 

Emily Tamlyn

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Brewer, 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.