BVA9501953 DOCKET NO. 93-08 418 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Indianapolis, Indiana THE ISSUE Entitlement to service connection for residuals of right leg injury. REPRESENTATION Appellant represented by: The American Legion INTRODUCTION The veteran served on active duty from November 1985 to November 1989. This matter came before the Board of Veterans' Appeals (Board) on appeal from a May 1990 rating decision from the Indianapolis, Indiana, Regional Office (RO). CONTENTIONS OF APPELLANT ON APPEAL It is contended that the veteran had a leg injury during service; that she has complained since service; and that current disability is due to the inservice injury. DECISION OF THE BOARD The Board, in accordance with the provisions of 38 U.S.C.A. § 7104 (West 1991), has reviewed and considered all of the evidence and material of record in the veteran's claims file. Based on its review of the relevant evidence in this matter, and for the following reasons and bases, it is the decision of the Board that the evidence supports the claim for service connection for residuals of a right leg injury (bursitis of the right knee). FINDINGS OF FACT 1. All relevant evidence necessary for an equitable disposition of the appeal has been obtained. 2. Residuals of right leg injury are attributable to service. CONCLUSION OF LAW Residuals of right leg injury (right knee bursitis) were incurred in service. 38 U.S.C.A. §§ 1110, 5107 (West 1991); 38 C.F.R. § 3.303 (1993). REASONS AND BASES FOR FINDINGS AND CONCLUSION The veteran's claim is well grounded within the meaning of 38 U.S.C.A. § 5107 (West 1991). She has presented a claim that is plausible. We are satisfied that all relevant facts have been properly developed. No further assistance to the veteran is required to comply with the duty to assist the veteran mandated by 38 U.S.C.A. § 5107. The veteran appealed the denial of service connection for a right leg disability. Service connection may be established for disability resulting from personal injury suffered or disease contracted in line of duty, or for aggravation of a preexisting injury or disease. 38 U.S.C.A. § 1110 (West 1991). Regulations also provide that service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d) (1993). When all the evidence is assembled, the Secretary, is then responsible for determining whether the evidence supports the claim or is in relative equipoise, with the veteran prevailing in either event, or whether a preponderance of the evidence is against the claim, in which case the claim is denied. Gilbert v. Derwinski, 1 Vet.App. 49, 55 (1990). We conclude that the evidence supports the claim. During service the appellant sustained a trauma to the right lower extremity. Since that time, the appellant has voiced complaints referable to the right lower extremity and has sought repeated medical intervention. Although a 1990 VA examination resulted in an impression of no functional impairment, the examination report was not detailed. Subsequent to the VA examination, but in proximity to separation from service, a right knee defect was identified. According to D. W. Green, M.D., in May 1990, there was evidence of a tear in the posterior horn of the medical meniscus. In May 1990, G. S. Watkin, M.D., diagnosed pes anserinus bursitis and a partial tear of the medial meniscus. In June 1991, a VA examiner noted that there was scarring of the gastrocnemius muscle on the right. In November 1992, a service department examiner commented that there was right proximal tibia pain consistent with pes anserine bursitis of long standing nature. It was noted that "it is difficult to see whether this patient's pain is related to her accident. However, obviously there was some inciting event and the accident coincides with that time and would be a likely cause." The facts in this case come within the provisions of 38 C.F.R. § 3.303(d). The appellant has continuing complaints since service and pathology that has been (more likely than not) attributed to the time of the inservice injury. Although the initial VA examination reported no functional impairment, the examination report included no clinical findings, was of diminished probative value and contradicted by numerous subsequent examinations. In regard to the November 1992 opinion that the current findings correspond to the inservice inciting event, such opinion is not contradicted by other medical evidence. Clearly, the positive evidence in this case is more probative than the inadequate initial VA examination and the otherwise silent record. We conclude that the evidence supports the claim and that service connection is warranted for bursitis as a residual of injury. ORDER Service connection for residuals of right leg injury is granted. H. N. SCHWARTZ Member, Board of Veterans' Appeals The Board of Veterans' Appeals Administrative Procedures Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___ (1994), permits a proceeding instituted before the Board to be assigned to an individual member of the Board for a determination. This proceeding has been assigned to an individual member of the Board. NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C.A. § 7266 (West 1991), a decision of the Board of Veterans' Appeals granting less than the complete benefit, or benefits, sought on appeal is appealable to the United States Court of Veterans Appeals within 120 days from the date of mailing of notice of the decision, provided that a Notice of Disagreement concerning an issue which was before the Board was filed with the agency of original jurisdiction on or after November 18, 1988. Veterans' Judicial Review Act, Pub. L. No. 100-687, § 402 (1988). The date which appears on the face of this decision constitutes the date of mailing and the copy of this decision which you have received is your notice of the action taken on your appeal by the Board of Veterans' Appeals.