BVA Case 21-0208: Back

Regarding a nexus to service, the examiner acknowledged that the appellant had injured his right knee during service, but the examiner noted that the appellant subsequently denied any chronic disability,military medical examiners did not find any related chronic physical disability, and the appellant was able to continue in Reserve service until 1978.

In an April 2019 decision,the Board denied entitlement to disability compensation for a right knee disorder.

On appeal to the Court,the parties entered into a joint motion for partial remand (JMPR) in which they agreed that the Board failed to make a credibility determination regarding the appellant's allegations that he had chronic right knee pain since service.

2 On September 16,2020,the Board denied entitlement to disability compensation for a right knee disability.

ANALYSIS The appellant argues that the Board erred by failing to comply with the Court's February 2020 remand order and the terms of the JMPR.

Specifically, he contends that,in making its credibility determination as to his assertion that he had experienced pain since service,the Board's reliance on his separation and May 1978 reports of medical history was erroneous and that he is competent to report when and how long he experienced pain.

He also avers that the Board failed to provide a proper foundation for weighing his failure to report knee problems from service until 2014 as negative evidence.

Last,he argues that the Board failed to provide him the benefit of the doubt when weighing the evidence,asserting that the favorable evidence reflects that he suffered a knee injury during service,that the only evidence against his claim is the lack of reported pain during service and in May 1978, and that because the evidence is balanced,his claim should prevail.