Citation Nr: 22018541
Decision Date: 03/29/22	Archive Date: 03/29/22

DOCKET NO. 18-50 608
DATE: March 29, 2022

ORDER

The claim for service connection for left knee disability is granted.

FINDING OF FACT

The Veteran's left knee disability is proximately due to his service-connected left ankle disability.

CONCLUSION OF LAW

The criteria for service connection for left knee disability are 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 December 1965 to September 1967. 

He provided testimony during a hearing before the undersigned in November 2021. A transcript is of record. 

1. Entitlement to service connection for left knee disability

The Veteran contends that he incurred a left knee disability as a result of his service-connected left ankle disability.

The medical evidence of record demonstrates current left knee diagnoses of meniscal tear and degenerative arthritis. A March 2018 VA examiner concluded that the left knee is not proximately related to the service-connected left ankle disability, the rationale provided was that since the Veteran was 68 when his knee disability was diagnosed and both knees had arthritis, his left knee disability was age-related. The examiner also stated that the medical literature did not support a proximate connection between the two.

However, a June 2018 VA physician stated although the Veteran's left knee arthritis has several etiologies, the disrupted mechanics in the left foot and ankle could certainly impact the knee and the Veteran's knee x-rays show that the left knee arthritis is more advanced than the right. The opinion stated that while the root cause of his arthritis could not be noted, the state of the foot and ankle made it more difficult to manage and use the left knee.

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The Board finds the evidence to at least be in equipoise as to whether the Veteran's current left knee disability is proximately related to service-connected left ankle disability.  Although the VA examiner noted that presence of arthritis in both knees, he failed to note that the left knee arthritis was more advanced. Furthermore, while the VA examiner found that the literature did not support a proximate connection, the VA physician described a known connection between a foot/ankle disability and the incurrence of a knee disability in the same leg. Although the VA physician stated that the root cause could not be determined, he did specifically find that the left ankle disability had an impact on the left knee.  Accordingly, after resolving all doubt in favor of the Veteran, the Board finds that service connection for left knee disability is warranted.  38 U.S.C. § 5107; 38 C.F.R. § 3.102.

 

 

Cynthia M. Bruce

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. B., 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.