Citation Nr: 24001237 Decision Date: 01/08/24 Archive Date: 01/08/24 DOCKET NO. 20-22 563 DATE: January 8, 2024 ORDER Service connection for left hip osteoarthritis is granted. Service connection for right hip osteoarthritis is granted. Service connection for left knee osteoarthritis is granted. Service connection for right knee osteoarthritis is granted. FINDINGS OF FACT 1. Resolving any reasonable doubt in the Veteran's favor, his bilateral hip osteoarthritis onset in service or is otherwise related to service. 2. Resolving any reasonable doubt in the Veteran's favor, his bilateral knee osteoarthritis onset in service or is otherwise related to service. CONCLUSIONS OF LAW 1. The criteria for service connection for left hip osteoarthritis have been met. 38 U.S.C. §§ 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. 2. The criteria for service connection for right hip osteoarthritis have been met. 38 U.S.C. §§ 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. 3. The criteria for service connection for left knee osteoarthritis have been met. 38 U.S.C. §§ 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. 4. The criteria for service connection for right knee osteoarthritis have been met. 38 U.S.C. §§ 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from August 1984 to June 1987. These matters are before the Board of Veterans' Appeals (Board) on appeal from an October 2018 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at a virtual Board hearing held before the undersigned Veterans Law Judge in May 2023; a transcript is of record. Service Connection Service connection may be granted 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. The three-element test for service connection requires evidence of: (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, 1166 -67 (Fed. Cir. 2004). Service connection may be granted for any disease initially diagnosed after discharge when all of 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 positive and negative evidence regarding any issue material to the determination of a matter, the VA shall give the benefit of the doubt to the Veteran. 38 U.S.C. § 5107(b). Service connection for bilateral hip and knee osteoarthritis condition is granted. The Veteran contends that his bilateral hip and knee conditions are due to carrying and installing heavy power lines, and from hard jumps from Blackhawk helicopters 100-150 feet above the ground with full gear on. See May 2023 Board hearing transcript at 3-6. The Veteran has been diagnosed with bilateral hip and knee osteoarthritis. See Dr. R.A.'s private treatment records dated March 29, 2018 and July 18, 2018. Thus, the first Shedden element is met. The Veteran's service treatment records show that he complained of pain in his lower extremities in service. Notably, a February 1987 record shows an assessment of sacroiliac (SI) spasm; a subsequent February 1987 record noted an assessment of SI/muscular pain, and he was recommended hip stretching. An April 1987 record noted an assessment of SI dysfunction, and he was again recommended hip stretching. In his June 1987 separation report of medical history, he complained of knee pain with sitting. Further, the Veteran's military personnel records suggest that he carried out tasks requiring strenuous activities. His DD Form 214 shows that his military occupational specialty was combat signaler, and a June 1987 Recommendation for Award document shows that he served as battery wire man from January 1985 to June 1987 and installed and maintained numerous battery and battalion wire systems. Given the foregoing, resolving any doubt in the Veteran's favor, the Board finds that the Veteran incurred an injury or injuries related to his hips and knees during active service. Therefore, the second Shedden element is met. The question that remains is the nexus. The Veteran underwent a VA hip examination in June 2018 but the examiner determined that the Veteran did not have a diagnosed hip disorder condition. The examiner reviewed the Veteran's service treatment records as well as private medical records the Veteran brought along to the examination. The Veteran has not undergone a VA examination for knee conditions. In July 2018 and May 2023, medical nexus opinions were received from a private physician, Dr. R.A. In contrast to the VA examiner, Dr. R.A. noted that he diagnosed the Veteran with osteoarthritis of bilateral hips as well as bilateral knee osteoarthritis. He stated that he had been treating the Veteran for his conditions since July 2018, although the Veteran had been seeing his partners for several years for similar problems. He stated that he has reviewed the Veteran's private medical records, military service records, and service treatment history, and all other data relevant to the Veteran's case. He noted that it is his professional opinion that the Veteran's conditions are at least as likely as not the result of, or related to his military service. He noted that based on his evaluation, the likely etiology of the Veteran's problems is repeated jumping out of planes and military training exercises. He explained that the Veteran has chronic osteoarthritis due to overuse that likely started in his military service. The Board finds that Dr. R.A.'s opinion regarding the Veteran's diagnoses and their nexus to be probative because it is based on review of the Veteran's medical history and his lay statements regarding onset and recurrence of his symptoms, which the Board finds reasonably credible. Nieves-Rodriguez v. Peake, 22 Vet. App. 295, 304 (2008). There is no nexus opinion to the contrary. For these reasons, entitlement to service connection for bilateral hip and knee conditions is warranted. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102; 3.303(d). D. JOHNSON Veterans Law Judge Board of Veterans' Appeals Attorney for the Board B. Jake Choi, Attorney Advisor 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.