Citation Nr: 21032474
Decision Date: 05/27/21	Archive Date: 05/27/21

DOCKET NO. 11-08 799
DATE: May 27, 2021

ORDER

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

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

FINDINGS OF FACT

1. The evidence is in equipoise as to whether the Veteran has a current left knee disability related to active service.

2. The evidence is in equipoise as to whether the Veteran has a current right knee disability related to active service.

CONCLUSIONS OF LAW

1. The criteria for entitlement to service connection for a left knee disability have been met. 38 U.S.C. § 1110, 1131, 1154; 38 C.F.R. § 3.303.

2. The criteria for entitlement to service connection for a right knee disability have been met. 38 U.S.C. § 1110, 1131, 1154; 38 C.F.R. § 3.303.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from August 1980 to August 1995.

This appeal comes to the Board of Veterans' Appeals (Board) from a rating decision dated September 2010 issued by a Department of Veterans Affairs (VA) Regional Office. In its decision, the RO denied service connection for status post total knee replacement, bilateral knee claimed as bilateral knee condition. The Veteran timely appealed.

This appeal has a lengthy and complex procedural history. Most recently, the Board remanded the appeal in January 2021. The issues have now been returned to the Board for adjudication.

SERVICE CONNECTION

Establishing service connection generally requires competent evidence showing: (1) the existence of a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service. Shedden v. Principi, 381, F.3d 1163, 1167 (Fed. Cir. 2004). Service connection may also be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service.  38 C.F.R. § 3.303(d).

When there is an approximate balance of evidence regarding the merits of an issue material to the determination of the matter, the benefit of the doubt in resolving each issue shall be given to the claimant. See 38 U.S.C. § 5107; 38 C.F.R. §§ 3.102, 4.3. A claimant need only demonstrate an approximate balance of positive and negative evidence in order to prevail. See Gilbert v. Derwinski, 1 Vet. App. 49, 53 (1990). For a claim to be denied on the merits, a preponderance of the evidence must be against the claim. See Alemany v. Brown, 9 Vet. App. 518, 519 (1996).

1. Entitlement to service connection for a left knee disability

2. Entitlement to service connection for a right knee disability

The Veteran claims entitlement to service connection for left and right knee disabilities. Following a thorough review of the Veteran's record, the Board finds the evidence is in equipoise as to whether the Veteran has a current left knee disability and current right knee disability related to active service.

The record contains an approximate balance of positive and negative evidence. When the evidence for and against a claim is in equipoise, the benefit of the doubt is resolved in favor of the Veteran. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49, 53 (1990). Service connection for a left knee disability and a right knee disability is therefore granted.

 

LAURA E. COLLINS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. Bristor

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.