KNEE IMPAIRMENT OF

Summary

The Veteran, an Army Veteran who served from April 1985 to October 1990, appeals the denial of service connection for a right knee condition. The Veteran contends the condition manifested during service or is secondary to service-connected bilateral pes planus. The Board found evidence of a current right knee meniscal tear, osteoarthritis, and pain. A February 2019 VA examination found no evidence of shin splints or tibial fracture. However, a May 2024 private opinion from Dr. K.E.N. linked the Veteran's in-service fall in January 1986, which resulted in x-rays showing no significant abnormalities, to her current knee pain, torn meniscus, and potential need for surgery, opining it was more likely than not that the in-service injury contributes to her current condition. The Board found the evidence in equipoise regarding the etiology of the right knee meniscal tear, osteoarthritis, and pain, and resolved the doubt in the Veteran's favor, granting service connection for the right knee condition. The Board cited the benefit of the doubt doctrine under 38 U.S.C. § 5107 and 38 C.F.R. § 3.102, finding the evidence favored granting service connection.

Rationale

Private opinion linked in-service injury to current conditions; Evidence in equipoise; Benefit of doubt applied in Veteran's favor

Full Decision Text

Citation Nr: A26035549
Decision Date: 04/16/26	Archive Date: 04/16/26

DOCKET NO. 191209-53017
DATE: April 16, 2026

ORDER

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

FINDING OF FACT

The Veteran's right knee condition is related to an in-service injury.

CONCLUSION OF LAW

The criteria for entitlement to service connection for a right knee condition have been met. 38 U.S.C. §§ 1110, 1131, 1154, 5107(b); 38 C.F.R. §§ 3.102, 3.303.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Army from April 1985 to October 1990. 

A rating decision was issued under the legacy system in August 2017, and the Veteran submitted a timely notice of disagreement. In October 2019, the agency of original jurisdiction (AOJ) issued a statement of the case (SOC). The Veteran opted the claim into the modernized review system, also known as the Appeals Modernization Act (AMA), by submitting a December 2019 VA Form 10182, Decision Review Request: Board Appeal. Therefore, the October 2019 SOC is the decision on appeal.

The Veteran was afforded a hearing before the undersigned Veterans Law Judge in June 2024. A transcript of the hearing is associated with the electronic claims file.

1. Entitlement to service connection for right knee condition.

The Veteran contends that her right knee condition first manifested during active service. Alternatively, she contends her right knee condition is caused by her service-connected bilateral pes planus.

Under applicable law, service connection is warranted where the evidence of record establishes that a particular injury or disease resulting in disability was incurred in the line of duty in active military service or, if pre-existing such service, was aggravated thereby. 38 U.S.C. § 1110; 38 C.F.R. § 3.303 (a).

Establishing service connection generally requires competent evidence of (1) a current disability; (2) 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, 1167 (Fed. Cir. 2004); see Davidson v. Shinseki, 581 F.3d 1313 (Fed. Cir. 2009); Pond v. West, 12 Vet. App. 341 (1999). Regulations also provide that service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disability was incurred in service. 38 C.F.R. § 3.303(d).

Service connection may be granted for a disability that is proximately due to, or aggravated by, service-connected disease or injury. 38 C.F.R. § 3.310.

If the positive and negative evidence is in approximate balance, the claimant receives the benefit of the doubt. Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021). 

First, the record shows the Veteran has a current diagnosis of right knee meniscal tear, right knee osteoarthritis, and pain in the right knee. See C&P Exam. Thus, the first element of service connection is met.

A VA examination and medical opinion was obtained in February 2019. The February 2019 VA examiner found that there is no evidence of active shin splints or tibial fracture on examination.

Evidence in favor of the claim includes a May 2024 private opinion from Dr. K.E.N. The Veteran reported that she fell on her right knee in January 1986 when she fell down a flight of stairs. A set of x-rays were done at the time and stamped as no significant abnormalities. Dr. K.E.N. opined that it is more likely than not that the injury suffered in service contributes to her present knee pain, torn meniscus and likely need for surgery. 

After careful consideration, the Board finds that the evidence is at least in equipoise that the Veteran's right knee meniscal tear, right knee osteoarthritis, and pain in the right knee are etiologically related to her service. When there is an approximate balance of positive and negative evidence regarding a matter of any issue material to the determination of the matter, the Board has an obligation to resolve the benefit of doubt in favor of a claimant. See 38 U.S.C. § 5107; 38 C.F.R. § 3.102. Therefore, after resolving all
 it is more likely than not that the injury suffered in service contributes to her present knee pain, torn meniscus and likely need for surgery. 

After careful consideration, the Board finds that the evidence is at least in equipoise that the Veteran's right knee meniscal tear, right knee osteoarthritis, and pain in the right knee are etiologically related to her service. When there is an approximate balance of positive and negative evidence regarding a matter of any issue material to the determination of the matter, the Board has an obligation to resolve the benefit of doubt in favor of a claimant. See 38 U.S.C. § 5107; 38 C.F.R. § 3.102. Therefore, after resolving all reasonable doubt in the Veteran's favor, the Board finds that the evidence is in favor of granting service connection for a right knee condition.

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TANYA SMITH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Fields, Ashley N.

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.