Citation Nr: 21031505 Decision Date: 05/24/21 Archive Date: 05/24/21 DOCKET NO. 17-39 885 DATE: May 24, 2021 ORDER Entitlement to service connection for a right knee disability is denied. REMANDED Entitlement to service connection for a right hip disability is remanded. FINDING OF FACT The preponderance of the evidence is against finding that a right knee disability began during active service or is otherwise related to any event, injury, or disease during service. CONCLUSION OF LAW The criteria for service connection for a right knee disability 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 on active duty from August 1977 to August 1981 and June 1982 to April 1983. These matters are before the Board of Veterans' Appeals (Board) on appeal from an October 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). Entitlement to service connection for a right knee disability The Veteran contends that he is entitled to service connection for a right knee disability because the claimed disability is related to active service. More specifically, the Veteran asserts that repeatedly climbing the ladders and the stairs on the ship caused wear and tear on the right knee over time. Service connection may be established 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. To establish service connection, the evidence must show: (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 (Fed. Cir. 2004). 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 related to an event, injury, or disease during service. The Board concludes that, while the Veteran has a current diagnosis of a right knee disability, and evidence shows complaints and treatment in service for right knee pain, the preponderance of the evidence weighs against finding that the diagnosed right knee disability began during service or is otherwise related to any event, injury, or disease during. The service medical records show that the Veteran complained of knee pain in May 1978. The separation examination did not include notations about any knee injury. VA treatment records from 2015 through the present indicate ongoing complaints and treatment for right knee pain. At a June 2017 VA examination, the examiner noted a 2017 right knee patellar tendon repair with screws. It was opined that the right knee disability was less likely than not related to active service, to include a complaint of right knee pain in service. The rationale provided was that there is no evidence that the right knee condition occurred in May 1978. The examiner highlighted that there was only one entry of knee pain in service and no evidence of recurrence. The examiner noted that the separation examination did not indicate right knee problems, and re-enlistment to the Navy in 1982 also did not indicate a right knee disability. The Veteran believes a right knee disability is related to an in-service injury, event, or disease. However, the evidence does not show that the Veteran has medical training such that he can offer competent opinions as to diagnosis or etiology of knee disabilities. The Veteran in this case is not competent to provide a nexus opinion regarding this issue. The issue is medically complex, as it requires knowledge of anatomical relationships. Therefore, it is outside the competence of the Veteran in this case because the record does not show that he has the medical training or credentials to make such a determination. Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007); Kahana v. Shinseki, 24. Vet. App. 428 (2011). Consequently, the Board gives more probative weight to the June 2017 VA examination. The Veteran has not submitted any competent medical opinion relating any current right knee disability to service. Accordingly, the Board finds that the preponderance of the evidence is against the claim of entitlement to service connection for a right knee disability and the claim must be denied. REASONS FOR REMAND Entitlement to service connection for a right hip disability is remanded. The Veteran asserts that a right hip disability was caused by a right knee disability. The Veteran has not established service connection for a right knee disability. However, in the substantive appeal, the Veteran also asserted that the claimed disability was the result of overuse in service. The June 2017 VA examination provided an opinion as to whether a right hip was caused or aggravated by a right knee disability. No opinion on direct service connection has been provided for the right knee disability. Therefore, additional examination is necessary. The matters are REMANDED for the following action: Schedule the Veteran for a VA examination for a right hip disability. The examiner must review the claims file and should note that review in the report. The examiner is advised that the Veteran is competent to report symptoms and history, and those reports must be specifically acknowledged and considered in providing any opinions. The examiner should provide the rationale for all opinions in the examination report. The examiner should opine whether it is at least as likely as not (50 percent or greater probability) that a right hip disability is related to service or any event, injury, or disease during service. The examiner should address reports of continuity of symptomatology and reports of overuse during service, and should specifically address the Veteran's lay statements regarding symptoms during and since service. Harvey P. Roberts Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. Cross, 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.