Case A26040449

RYAN T. KESSEL · 2026 · Case ID: A26040449

GRANTED

Summary

The Veteran, who served from October 1970 to May 1972, appeals the denial of service connection for lumbar spine, bilateral knee, and bilateral ankle degenerative arthritis. The Veteran sustained an in-service injury after falling into a foxhole, leading to persistent pain in these areas, which he first reported in 1982. Evidence includes the Veteran's testimony, his private physician's opinions from January and October 2019, and VA treatment records from 1971, 1982, and 1984. The private physician, who has treated the Veteran since 2006, opined that the Veteran's current conditions are most likely due to his military injuries, finding the post-traumatic arthritis related to the in-service event. Conversely, multiple VA examiners in 2018 and 2019 concluded the conditions were unrelated to service, citing a lack of in-service complaints or noting that any pain during service was acute. The Board found the evidence regarding the etiology of the Veteran's spine, knee, and ankle disabilities to be at least equally balanced. Applying the benefit of the doubt, the Board found the Veteran's conditions to be at least as likely as not related to service. Service connection for degenerative arthritis of the spine, right knee, left knee, right ankle, and left ankle was granted.

Special Benefit

NO SPECIAL BENEFIT

Docket No.

200630-94754

Full Decision Text

Citation Nr: A26040449
Decision Date: 04/29/26 Archive Date: 04/29/26

DOCKET NO. 200630-94754
DATE: April 29, 2026

ORDER

Readjudication of the claim of service connection for a lumbar spine condition is granted.

Readjudication of the claim of service connection for a right knee condition is granted.

Readjudication of the claim of service connection for a left knee condition is granted.

Readjudication of the claim of service connection for a right ankle condition is granted.

Readjudication of the claim of service connection for a left ankle condition is granted.

Service connection for degenerative arthritis of the spine is granted.

Service connection for right knee degenerative arthritis is granted.

Service connection for left knee degenerative arthritis is granted.

Service connection for right ankle degenerative arthritis is granted.

Service connection for left ankle degenerative arthritis is granted.

FINDINGS OF FACT

1. The Veteran's degenerative arthritis of the spine is due to service.

2. The Veteran's right knee degenerative arthritis is due to service.

3. The Veteran's left knee degenerative arthritis is due to service.

4. The Veteran's right ankle degenerative arthritis is due to service.

5. The Veteran's left ankle degenerative arthritis is due to service.

CONCLUSIONS OF LAW

1. The criteria for service connection for degenerative arthritis of the spine have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303.

2. The criteria for service connection for right knee degenerative arthritis have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303.

3. The criteria for service connection for left knee degenerative arthritis have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303.

4. The criteria for service connection for right ankle degenerative arthritis have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303.

5. The criteria for service connection for left ankle degenerative arthritis have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from October 1970 to May 1972.

The case is on appeal from an April 2020 rating decision.

In a June 2020 notice of disagreement (NOD), the Veteran selected the hearing option. In May 2024, the Veteran testified at a Board hearing. Therefore, the Board has considered the evidence of record at the time of the April 2020 rating decision, the testimony offered during the hearing, and any evidence received within 90 days following the hearing.

Evidence was added to the claims file during a period of time when new evidence was not allowed. As the Board is deciding the claims, it may not consider this evidence in its decision. 38 C.F.R. § 20.300. Notably, though, the benefit sought on appeal has been granted, so the Veteran is not disadvantaged by the exclusion of this evidence.

Whether new and relevant evidence has been received to readjudicate the previously denied claims.

Preliminarily, the Board notes that the RO determined in the April 2020 rating decision that no new and relevant evidence had been received since the claims were previously denied in September 2019 and December 2019 rating decisions. New and relevant evidence is required to readjudicate a claim in the AMA system. 38 C.F.R. § 3.156(d). New evidence is evidence not previously part of the actual record before agency adjudicators, and relevant evidence is information that tends to prove or disprove a matter at issue in a claim. 38 C.F.R. § 3.2501(a)(1).

During the May 2024 Board hearing, the Veteran provided testimony regarding the onset and continuity of his spine, knee, and ankle symptoms. The Board finds this new evidence relevant because it relates to the etiology of the Veteran's disabilities, a matter at issue in the claim. Readjudication of the claim is therefore warranted, and the Board will proceed to the merits of the appeal. 38 C.F.R. § 3.156(d).

1. Service connection for degenerative arthritis of the spine.

2. Service connection for right knee
relevant evidence is information that tends to prove or disprove a matter at issue in a claim. 38 C.F.R. § 3.2501(a)(1).

1. Service connection for degenerative arthritis of the spine.

2. Service connection for right knee degenerative arthritis.

3. Service connection for left knee degenerative arthritis.

4. Service connection for right ankle degenerative arthritis.

5. Service connection for left ankle degenerative arthritis.

Legal Criteria

Service connection may be granted for a disability resulting from a disease or injury incurred in or aggravated by active service. See 38 U.S.C. § 1110; 38 C.F.R. § 3.303. A veteran seeking compensation under these provisions must establish three elements: "(1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service." Saunders v. Wilkie, 886 F.3d 1356, 1361 (Fed. Cir. 2018) (quoting Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004)).

Analysis

The Veteran was injured during service after falling into a foxhole. He contends that he has low back, knee, and ankle disabilities stemming from that injury. See May 2019 statement.

The Veteran was diagnosed with degenerative arthritis of the spine, bilateral knees, and bilateral ankles during an August 2019 examination. Additionally, the Veteran's in-service fall and treatment for knee pain are reflected in a March 1971 service treatment record (STR). He was also treated for right ankle pain in October 1971. Accordingly, current disabilities and an in-service incurrence have been established.

Regarding nexus, the Veteran has consistently reported that he has experienced lasting back, knee, and ankle pain following the in-service injury. He first made this assertion in a September 1982 claim. The Veteran received VA treatment for knee arthritis and low back pain in December 1982 and October 1984. VA treatment records prior to 1982 could not be located. See October 2018 VA memorandum. He subsequently received private and VA treatment for his spine, knee, and ankle conditions. During the May 2024 Board hearing, the Veteran again described the in-service injury and the persistence of his symptoms.

The Veteran's private physician wrote a letter in January 2019 asserting that, following a review of the Veteran's medical records, "His injuries to both the knees, left ankle, low back and neck seems to be service related." In October 2019, the same private physician wrote a second letter further explaining this conclusion. The physician specified that he has treated the Veteran since 2006 and is familiar with the Veteran's treatment history. He then reiterated that "after review and examination of the patient['s] record[,] it is my professional opinion that posttraumatic arthritis most likely is due to his injuries while he was in [the] military." These letters, though they contain limited rationale, are generally well-reasoned and thus deserve probative weight.

Conversely, VA examiners who have reviewed the Veteran's medical history have reached the opposite conclusion. In August 2018 and August 2019, two separate VA examiners opined that the Veteran's knee disabilities are unrelated to the in-service event, emphasizing that in-service knee pain was acute. Likewise, the August 2019 VA examiner and a separate VA examiner in December 2019 concluded that the Veteran's ankle disabilities are unrelated to service, also determining that the Veteran's ankle pain during service was acute. Additionally, the August 2019 VA examiner concluded that the Veteran's low back pain is unrelated to service, emphasizing a lack of back pain noted during service. Like the private physician letter, the VA medical opinions are well-reasoned and are therefore probative.

The foregoing evidence regarding the etiology of the Veteran's spine, knee, and ankle disabilities is at least equally balanced. The Veteran's lay statements and the private physician letter, which are supported by the available treatment notes, are at least as probative as the VA medical opinions. Therefore
examiner and a separate VA examiner in December 2019 concluded that the Veteran's ankle disabilities are unrelated to service, also determining that the Veteran's ankle pain during service was acute. Additionally, the August 2019 VA examiner concluded that the Veteran's low back pain is unrelated to service, emphasizing a lack of back pain noted during service. Like the private physician letter, the VA medical opinions are well-reasoned and are therefore probative.

The foregoing evidence regarding the etiology of the Veteran's spine, knee, and ankle disabilities is at least equally balanced. The Veteran's lay statements and the private physician letter, which are supported by the available treatment notes, are at least as probative as the VA medical opinions. Therefore, as reasonable doubt must be resolved in the Veteran's favor, the Board finds that the Veteran's back, knee, and ankle disabilities are at least as likely as not related to service. See 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. Accordingly, service connection for degenerative arthritis of the spine, right knee degenerative arthritis, left knee degenerative arthritis, right ankle degenerative arthritis, and left ankle degenerative arthritis is warranted.

RYAN T. KESSEL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board B. Hayes, 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.

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