Citation Nr: 21041979 Decision Date: 07/10/21 Archive Date: 07/10/21 DOCKET NO. 16-11 654 DATE: July 10, 2021 ORDER The claim of entitlement to service connection for a left knee disability is denied. The claim of entitlement to service connection for a right knee disability is denied. The claim of entitlement to service connection for a back disability is denied. FINDINGS OF FACT 1. The Veteran's left knee disability is not related to service. 2. His right knee disability is not related to service. 3. His back disability is not related to service. CONCLUSIONS OF LAW 1. The criteria are not met for service connection for a left knee disability. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. 2. The criteria are not met for service connection for a right knee disability. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. 3. The criteria are not met for service connection for a back disability. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from July 1976 to January 1982. This appeal is from a July 2014 rating decision. In November 2020, the Board remanded this claim for additional development, which has been substantially completed. The Veteran has not raised any issue with the provided VA examinations, nor their resulting medical nexus opinions. Service Connection 1. The claim of entitlement to service connection for a left knee disability is denied. 2. The claim of entitlement to service connection for a right knee disability is denied. 3. The claim of entitlement to service connection for a back disability is denied. Service connection is granted for any current disability that is the result of a disease contracted or an injury sustained while on active duty service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303(a). Service connection may also be granted for a disease diagnosed after discharge, where all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). Service connection requires competent evidence showing: (1) the existence of a present 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). The record shows the Veteran has osteoarthritis of the bilateral knees, and degenerative arthritis of the lumbar spine. His STRs show that he was involved in a motor vehicle accident (MVA) in April 1977. He was noted to have a slight abrasion over the left lower flank above the iliac crest. He was put on bedrest. His STRs also show that he sprained his left knee in November 1981. He asserts that he injured his back and knees in the 1977 MVA. He reports that he has had symptoms of pain and other trouble with his back and knees since his service. Based on the above evidence, medical opinions were obtained for a determination of whether there was a relationship between his current diagnoses and the injuries, symptoms, and diagnoses from service. The December 2020 VA examiner opined against service. He noted the Veteran's in-service MVA, and also noted the records showed no complaints pertaining to the back. He noted that an examination in 1979 showed a normal clinical evaluation of the spine. He finally noted that the Veteran's lumbosacral spine was X-rayed in 2013, more than 30 years after service, and that it only showed mild degenerative changes. In regard to the knees, he noted that the STRs did not show any knee complaints stemming from the MVA, but that he was diagnosed with left knee sprain at one time. He noted that the Veteran's knee X-rays from June 2020, "many, many years after service," showed only mild osteoarthritis that was symmetrical. The examiner noted that the Veteran had worked as a car mechanic and in a warehouse, which required bending, kneeling, and picking up heavy things, until 2012, at which time his joints began giving him problems. The Veteran's treating physicians, in September 2013 and May 2014, completed disability benefits questionnaires (DBQs) for these claims. The May 2014 DBQ attributes the Veteran's back pain to the MVA in service, but does not explain how they are related. The September 2013 DBQ notes the MVA in service, implying that his current arthritis is related to it, but does not contain explanation for the finding. The Board finds the December 2020 VA examination to outweigh the September 2013 and May 2014 DBQs, and the Veteran's statements. The December 2020 VA examiner explained that the Veteran's radiological reports would show more significant arthritis, rather than mild, in the knees and back if related to the service. The DBQs do not contain explanation, but instead are conclusory, and based on the history reported by the Veteran instead of on a review of the evidence of record. The Board acknowledges the Veteran's reports that he had symptoms in the knees and back since service, and has no reason to find these statements lack credibility. However, the Veteran has not been shown to have the training or expertise to competently opine on the cause of his bilateral knee and lower back arthritis diagnoses. Indeed, his theory was investigated by the VA examiner, who found it less likely. Accordingly, the preponderance of the evidence weighs against this appeal. The benefit-of-the-doubt doctrine is not for application, and these claims must be denied. Nathaniel J. Doan Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Gibson 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.