KNEE IMPAIRMENT OF

Summary

The Veteran served from January 1989 to January 1992. This case involves an appeal for service connection for a right knee disability, which the Veteran contends began during active service. The Veteran testified at a Board hearing in April 2025 that he has experienced right knee pain and instability since his service. The Board reviewed a July 2021 rating decision from the RO, which found a present right knee disability and an in-service incurrence based on a Line of Duty determination showing a right knee injury in April 1998. However, a June 2021 VA examination was found inadequate because the examiner opined the current disabilities were less likely than not related to service, focusing on a post-service injury in 2011, but failed to address the Veteran's testimony about continuous symptoms since service. The Board found the Veteran competent and credible in his testimony regarding the onset and continuation of his right knee disability. Based on the evidence demonstrating a present disability that began in and continued since service, service connection for the right knee disability is granted.

Rationale

Present right knee disability established; In-service incurrence evidenced by LOD determination; Veteran's testimony regarding onset and continuation found credible

Full Decision Text

Citation Nr: A26039778
Decision Date: 04/28/26	Archive Date: 04/28/26

DOCKET NO. 210826-182293
DATE: April 28, 2026

ORDER

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

FINDING OF FACT

The Veteran's right knee disability began during active service and has continued since that time.

CONCLUSION OF LAW

The criteria for entitlement to service connection for a right knee disability have been 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 January 1989 to January 1992.

This matter comes before the Board of Veterans' Appeals (Board) from a July 2021 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) adjudicated under the Appeals Modernization Act (AMA).

In the August 2021 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Hearing docket. A Board hearing was held on April 10, 2025.  Therefore, the Board may only consider the evidence of record at the time of the July 2021 agency of original jurisdiction (AOJ) decision on appeal, as well as any evidence submitted by the Veteran or his representative at the hearing or within 90 days following the hearing.  38 C.F.R. § 20.302(a).  If evidence was submitted either (1) during the period after the AOJ issued the decision on appeal and prior to the Board hearing, or (2) more than 90 days following the hearing, the Board did not consider it in its decision.  38 C.F.R. §§ 20.300, 20.302(a), 20.801. 

If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence.  38 C.F.R. § 3.2501.  If the evidence is new and relevant, VA will issue another decision on the claim, considering the new evidence in addition to the evidence previously considered.  Id.  Specific instructions for filing a Supplemental Claim are included with this decision. 

1. Entitlement to service connection for a right knee disability

The Veteran is seeking service connection for a right knee disability, which he contends began during active service.

Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service.  38 U.S.C. § 1131; 38 C.F.R. § 3.303.

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).

Except as otherwise provided by law, a claimant has the responsibility to present and support a claim for benefits under laws administered by the Secretary.  The Secretary shall consider all information and lay and medical evidence of record in a case before the Secretary with respect to benefits under laws administered by the Secretary.  When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary shall give the benefit of the doubt to the claimant.  38 U.S.C. § 5107; see also Gilbert v. Derwinski, 1 Vet. App. 49, 53 (1990).  To deny a claim on its merits, the weight of the evidence must persuasively stand against a finding that the evidence is in "approximate balance" or "nearly equal" to the evidence that supports the claim. Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021).

In the July 2021 rating decision, the AOJ found that the Veteran has a present right knee disability and a qualifying in-service incurrence as evidenced by a Line of Duty determination dated April 15, 1998, shows injury to right knee.  These are favorable findings for the Veteran and shall not be readjudicated in this decision.

In the April 2025 hearing before a VLJ, the Veteran testified that he has experienced right knee pain and symptoms such as the knee giving out on him since active service. 

Pursuant to this appeal, the Veteran received a VA examination in June 2021 regarding the nature and etiology of his claimed right knee disability.  The examiner noted that the Veteran reported experiencing knee problems since his 
 2021 rating decision, the AOJ found that the Veteran has a present right knee disability and a qualifying in-service incurrence as evidenced by a Line of Duty determination dated April 15, 1998, shows injury to right knee.  These are favorable findings for the Veteran and shall not be readjudicated in this decision.

In the April 2025 hearing before a VLJ, the Veteran testified that he has experienced right knee pain and symptoms such as the knee giving out on him since active service. 

Pursuant to this appeal, the Veteran received a VA examination in June 2021 regarding the nature and etiology of his claimed right knee disability.  The examiner noted that the Veteran reported experiencing knee problems since his 1998 in-service injury, but opined that the presently diagnosed knee disabilities are less likely than not (less than 50 percent probability) incurred in or caused by the claimed in-service injury, event, or illness.  By way of rationale, the examiner focuses on a post-service knee injury in 2011 and asserts that the present disabilities are due to the post-service injury.  The examiner, however, does not address the Veteran's lay testimony asserting symptoms of knee pain and problems continuing since the original in-service knee injury.  As the VA examiner does not address the Veteran's lay testimony, the Board finds the June 2021 VA medical opinion to be inadequate for determining entitlement to service connection. 

The Board finds that the Veteran is competent to report the onset and continuation of his right knee disability, and that his statements are credible.  See Charles v. Principi, 16 Vet. App. 370, 374 (2002); see also Layno v. Brown, 6 Vet. App. 465 (1994); Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007).

From the foregoing, the Board finds that the evidence demonstrates a present right knee disability that began in and has continued since the Veteran's active duty service through the present.  Accordingly, service connection for a right knee disability is granted.  

 

T. REYNOLDS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Gorum, 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.