KNEE IMPAIRMENT OF

TIMOTHY COTHREL · 2026 · Case ID: A26040426

GRANTED

Summary

The Veteran, a Navy and Marine Corps veteran who served from September 1995 to August 1999 and November 2001 to November 2003, appeals the denial of service connection for a right knee condition. The Veteran contends the knee injury occurred during service and has persisted. The Regional Office (RO) favorably found evidence of an in-service injury, specifically patellofemoral pain syndrome documented in February 1998, and a current diagnosis of arthritis and meniscal tears from a August 2024 VA examination. The sole remaining issue was the nexus between the current disability and service. The VA examiner opined the condition was less likely than not service-related, citing the acute and self-limited nature of the in-service injury and lack of records. However, the Board found this opinion inadequate, noting the examiner failed to consider the Veteran's lay statements and inappropriately based conclusions on absent records. The Board applied the benefit of the doubt doctrine, finding the evidence in approximate balance between the VA opinion and the Veteran's evidence, including service treatment records. Consequently, service connection for the right knee condition was granted.

Rationale

In-service injury documented in STRS (patellofemoral pain syndrome); Current diagnosis of arthritis and meniscal tears; Inadequate VA opinion (failed to consider lay statements, based on absent records); Benefit of the doubt applied due to approximate balance of evidence

Service Branch

UNITED STATES NAVY

Special Benefit

NO SPECIAL BENEFIT

Docket No.

250623-557019

Full Decision Text

Citation Nr: A26040426
Decision Date: 04/29/26 Archive Date: 04/29/26

DOCKET NO. 250623-557019
DATE: April 29, 2026

ORDER

Entitlement to service connection for right knee condition is granted.

FINDING OF FACT

The Veteran has a present knee disability that resulted from injuries sustained during active service.

CONCLUSION OF LAW

The criteria for service connection for right knee condition 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 in the United States Navy from September 1995 to August 1999 and in the United States Marine Corps from November 2001 to November 2003.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2025 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO).

In the July 2025 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Direct Review docket. Therefore, the Board may only consider the evidence of record at the time of the September 2024 agency of original jurisdiction (AOJ) decision, which was subsequently subject to higher-level review. 38 C.F.R. § 20.301. If evidence was submitted during the period after the AOJ issued the decision, which was subsequently subject to higher-level review, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.301, 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.

Service Connection

Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated during active service. 38 U.S.C. § 1110. If the disability had its onset during service, it is service connected. 38 C.F.R. § 3.303(a). If it did not manifest until after service, then the evidence must show it was incurred during service. 38 C.F.R. § 3.303(d). Generally, this requires evidence of three things: (1) a current disability, (2) in-service incurrence or aggravation of an injury or disease, and (3) a nexus, or link, between the current disability and the in-service disease or injury. Saunders v. Wilkie, 886 F.3d 1356, 1361 (Fed. Cir. 2018); Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004).

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

The Veteran seeks entitlement to service connection for a right knee condition. Specifically, the Veteran contends that he injured his knee in the Marine Corps and his symptoms have continued to present day.

The RO favorably found that the evidence shows that a qualifying event, injury, or disease had its onset during the Veteran's service, as service treatment records document treatment for patellofemoral pain syndrome in February 1998. Further, the RO found the Veteran has a diagnosed disability of arthritis and patellar and meniscal tears as documented in the August 2024 VA examination. See April 22, 2025, Rating Decision. As a result, these facts have been established as a matter of law. 38 C.F.R. § 3.104 (c).

Thus, the sole question that remains is whether a nexus, or link, between the Veteran's current knee disability and the in-service disease or injury exists. Saunders v. Wilkie, 886 F.3d 1356, 1361 (Fed. Cir. 2018); Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004).

Turning to the evidence of record, the Veteran underwent a VA examination in August 2024. The examiner documented a right knee meniscal tear, a right patellar or quadriceps tendon rupture, and right degenerative arthritis, other than post-traumatic. The examiner documented the Veteran's reports of onset being in February 1998 and has progressed, with current symptoms of locking sensation and medial knee pain. Ultimately, the examiner opined that the Veteran's claimed condition was less likely than not incurred in or caused by the claimed in-service injury, event, or illness. The examiner reasoned that the Veteran's injury in-service was acute and self-limited with the physical exam noted intact ligaments.

The Board finds this opinion inadequate for service connection purposes. The examiner inappropriately based conclusions on the absent of records and did not consider the Veteran's lay statements as to symptomatology and etiology to each diagnosed condition. When adjudicating appeals, the Board applies an intentionally generous standard of proof unique in American jurisprudence, created in recognition of the nation's great debt to its veterans. Wise v. Shinseki, 26 Vet. App. 517, 531 (2014).

Specifically, the Board gives veterans the benefit of the doubt on any material issue when the positive and negative evidence concerning that issue is approximately balanced or nearly equal. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. Therefore, unless the totality of the evidence persuasively weighs against them, the Board finds in favor of the Veteran. Ortiz v. Principi, 274 F.3d 1361, 1364-1365 (Fed. Cir. 2001); Lynch v. McDonough, 21 F. 4th 776, 781-82 (Fed. Cir. 2021) (en banc); Mattox v. McDonough, 56 F. 4th 1369, 1378-1379 (2023).

Here, the Board acknowledges the VA opinion of record in which the examiner concluded it was less likely as not the Veteran has a right knee condition that is related to service. However, the Board finds the evidence to be in approximate balance with or nearly equal to the evidence provided by the Veteran and his service treatment records. With the two competing opinions being in approximate balance with or nearly equate to, the Veteran is entitled to the benefit of the doubt. Thus, entitlement to service connection for right knee condition is granted.

Timothy Cothrel

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board KMMH

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.

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