Citation Nr: 21042772 Decision Date: 07/13/21 Archive Date: 07/13/21 DOCKET NO. 19-31 804 DATE: July 13, 2021 ORDER Entitlement to service connection for a left knee disability is granted. Entitlement to service connection for a left shoulder disability is granted. FINDINGS OF FACT 1. The Veteran's left knee disability had its onset in service. 2. The Veteran's left shoulder disability had its onset in service. CONCLUSIONS OF LAW 1. The criteria for entitlement to service connection for a left knee disability are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. 2. The criteria for entitlement to service connection for a left shoulder disability are met. 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 in the United States Army from August 1963 to August 1965. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2019 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the undersigned Veterans Law Judge in July 2021. Service Connection Service connection may be granted for a disability resulting from a disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1110, 1131; 38 C.F.R. § 3.303(a). Establishing service connection generally requires evidence of (1) a current disability; (2) an in-service incurrence or aggravation of a disease or injury; and (3) a nexus between the claimed in-service disease or injury and the present disability. Shedden v. Principi, 381 F.3d 1163 (Fed. Cir. 2004). 1. Entitlement to service connection for a left knee disability is granted. 2. Entitlement to service connection for a left shoulder disability is granted. The Veteran asserts that his left knee and left shoulder disabilities are the result of a February 1964 injury, specifically when a plane in which he was traveling quickly lost altitude and caused him to fall. The Board agrees. Here, the Veteran has a current diagnoses of left knee joint osteoarthritis and status-post left knee medial/lateral meniscal tear repair. See January 2019 VA examination. He also has current diagnoses of left shoulder impingement syndrome, left rotator cuff tear, and left acromioclavicular arthritis. Id. Therefore, the first element of service connection is established. Turning to the second element, in-service incurrence of a disease or injury, the Veteran reports that he was in a military plane during a mass parachute drop when it quickly lost altitude and caused everyone inside to fall, injuring his left knee and left shoulder. See May 2011 and October 2018 VA Forms 21-4138; July 2021 Board Hearing Transcript. He reported that several paratroopers from an adjacent plane were killed during the jump, and submitted an article in support of this statement. See May 2011 VA Form 21-4138; March 2019 Article. Moreover, the Veteran's service treatment records (STRs), particularly his June 1965 separation examination, reflects a left knee scar that was not present on enlistment. The Board highlights that the February 1964 in-service injury is conceded by VA, as it was used as the basis for awarding service connection for his left knee scar. See October 2011 Rating Decision. Additionally, the Board finds that his reports of in-service left knee and left shoulder injuries and overuse are consistent with the circumstances of his service and his military occupational specialty (MOS) as a paratrooper. See DD-214; 38 U.S.C. § 1154(a). Thus, element two is also met. Regarding the last element, nexus, the only competent opinion of record is in favor of the claims. (In this regard, the Board finds that the January 2019 VA opinions against the claims are inadequate for rating purposes and non-probative, as they do not address the Veteran's conceded in-service injury to his left shoulder and left knee or the cumulative impact of his parachute jumps). Specifically, Dr. J. N. opined that due to the conceded in-service injury, it was at least as likely not that the Veteran's left knee and left shoulder injuries were due to service. See October 2018 Private Opinion. The doctor reasoned that the cumulative impact of the many parachute jumps the Veteran had in service, as well as his training for parachute landing falls, and the "rather significant traumatic incident" in the plane in 1964, were at least as likely to be the cause of his current disabilities than any other possible etiology. The Board finds this opinion in favor of the claims highly probative, as it is based on an accurate history, including the Veteran's in-service injury, and contains a cogent rationale. Accordingly, as all three elements have been met, service connection is established for a left knee disability and a left shoulder disability. S. BUSH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. J. Rogers, 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.