11-01 466
11-01 466
| Board of Vet. App. | Apr 28, 2017Background
- Veteran served 1970–1973 and 1973–1985; claim on appeal for service connection for a right knee disability (direct and secondary to service‑connected left knee disorder).
- Initial RO denial (Feb 2010); Board hearings and remands in June 2014 and April 2016 for further development and medical opinions; VA obtained multiple examinations and a June 2016 addendum opinion.
- Medical record: no chronic right knee condition documented at separation; sporadic in‑service complaints (1977, 1979) but no ongoing post‑service right knee complaints until 2009; bilateral knee arthritis noted in 2009; left knee partial (2009) and total (2010) replacements performed; cane use documented since 2008 and later increased complaints of right knee pain (2012 onward).
- VA examiners (2010, 2015) diagnosed right knee degenerative arthritis but opined nexus to service unlikely; June 2016 addendum concluded right knee degenerative joint disease is more likely due to aging, manual labor, and obesity and not caused or aggravated by the service‑connected left knee disorder.
- Board found VA complied with notice and duty‑to‑assist/remand requirements and gave significant probative weight to the June 2016 rationale; lay assertions by the Veteran were found insufficient to outweigh the medical opinion.
- Holding: Claim for service connection for right knee disability (direct and secondary) denied; preponderance of evidence against nexus and no application of benefit of the doubt.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Direct service connection for right knee disability | Right knee symptoms began in service and continued thereafter; right knee arthritis is related to service | Lack of contemporaneous service evidence and medical opinions show later onset and non‑service etiology | Denied — no nexus shown; evidence weighs against service connection |
| Secondary service connection (right knee aggravated by service‑connected left knee) | Right knee worsened as a consequence of altered gait and left knee replacement; thus secondary to left knee disability | Medical opinion (June 2016) and records show right knee onset later and attributable to aging, work, obesity; cane use would reduce loading | Denied — June 2016 opinion persuasive; no aggravation nexus established |
Key Cases Cited
- Stegall v. West, 11 Vet. App. 268 (1998) (Board remand requires compliance by AOJ)
- McLendon v. Nicholson, 20 Vet. App. 79 (2006) (VA duty to obtain medical opinion when necessary)
- Nieves‑Rodriguez v. Peake, 22 Vet. App. 295 (2008) (probative value of a medical opinion derives from its reasoning)
- Monzingo v. Shinseki, 26 Vet. App. 97 (2012) (medical opinions must be read as a whole; imperfect phrasing does not automatically render opinion inadequate)
- Jandreau v. Nicholson, 492 F.3d 1372 (2007) (lay evidence competency is fact‑specific)
- Buchanan v. Nicholson, 451 F.3d 1331 (2006) (limitations of relying solely on absence of contemporaneous medical evidence)
- Walker v. Shinseki, 708 F.3d 1331 (2013) (continuity of symptomatology limited to listed chronic diseases)
- Davidson v. Shinseki, 581 F.3d 1313 (2009) (treatment of lay evidence competency for medical matters)
- Shedden v. Principi, 381 F.3d 1163 (Fed. Cir.) (nexus and service‑connection principles)
- Acevedo v. Shinseki, 25 Vet. App. 286 (2012) (medical reports must be considered in context of the whole record)
