BVA9502715 DOCKET NO. 92-05 842 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Portland, Oregon THE ISSUE Entitlement to service connection for a left knee disability. REPRESENTATION Appellant represented by: Oregon Department of Veterans' Affairs ATTORNEY FOR THE BOARD W. H. Wetmore, Counsel INTRODUCTION The appellant served in the National Guard, including active duty from February to June 1973. The Board of Veterans' Appeals (Board) received this case on appeal from an August 1991 RO rating decision that held that the appellant had submitted evidence that was new and material to reopen a claim that had been denied in December 1988. The appellant had not perfected an appeal with respect to the December 1988 RO rating decision. The Board remanded this case in February 1993. CONTENTIONS OF APPELLANT ON APPEAL The appellant contends that he injured ligaments in his left knee in April 1973, during his period of active duty for training. 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 preponderance of the evidence supports a grant of service connection for a left knee disability. FINDING OF FACT The appellant's current left patellofemoral syndrome had its onset during his period of active duty for training. CONCLUSION OF LAW The appellant's left patellofemoral syndrome is the result of an injury incurred during a period of active duty for training. 38 U.S.C.A. §§ 101(24), 1110, 5107, 7104 (West 1991); 38 C.F.R. §§ 3.102, 3.303, 3.304 (1993). REASONS AND BASES FOR AND CONCLUSION The Board finds the appellant's claim to be well grounded within the meaning of 38 U.S.C.A. § 5107 because it is plausible. See Murphy v. Derwinski, 1 Vet.App. 78 (1991). The Board is also satisfied that all relevant facts have been properly developed and there is no further assistance required in order to comply with § 5107. See Littke v. Derwinski, 1 Vet.App. 90 (1990). The appellant was seen in April 1973 while on active duty for training for what was initially diagnosed as a left knee contusion. He continued to complain of left knee problems. The impression in May 1973 was pulled muscle. A cylinder cast was prescribed then. In mid-May 1973, the pain persisted and the cylinder cast was replaced. He was seen by a VA doctor in mid- June 1973 with a request for re-evaluation. He was still wearing the cylinder cast. He said that he had been told that he had sustained sprained ligaments. X-ray studies disclosed medial joint space narrowing. The examination revealed some atrophy and tenderness in the mid-popliteal fossa area. The cast was removed. In July 1973, the examination was entirely negative except for some quadriceps atrophy. In June 1974, the appellant was seen at a service hospital with complaints of left knee pain and swelling since an April 1973 injury. The physical examination was unremarkable except for soreness. The record reflects that the appellant was seen at a VA medical center in July 1991 with the complaint of chronic left knee pain. He said he had undergone extensive physical therapy with little improvement. The examination disclosed a good range of motion of the left knee with positive lateral apprehension sign, 2 plus crepitus and medial joint line pain. The diagnosis was lateral subluxation of the left patella. An arthroscopy with patella debridement and lateral release was performed. The record does not reflect that the appellant has sustained any other left knee injury. The current clinical findings, obtained during a VA examination in August 1993, led to a diagnosis of patellofemoral syndrome or arthralgia. It was felt that an injury to the patellofemoral joint could have occurred at the time of the April 1973 injury but the examiner did not find the appellant to be a reliable historian and thus he concluded that the April 1973 injury had only involved a muscle sprain that was unrelated to the current disability. The Board, however, finds that the appellant's history of the events in 1973 and since is reliable because evidence received since the August 1993 examination tends to support the appellant's recollection, particularly with respect to his contention that he had chronic left knee problems. That record shows not only an extended period of treatment for the left knee immediately after the injury but that he was seen with complaints a year later. Thus, the recently developed record lends verisimilitude not only to his contentions but also to the statement from J. W. Buell, D.O., of January 1984 that reported that the appellant had left knee pain due to a fall 12 years earlier. Since the Board finds the evidence in support of the veteran's claim to be reliable and credible, the Board concludes that service connection for the current left knee disability is warranted. To repeat, there is no evidence of any other knee injury and the record does support his contentions as to the chronic nature of the residuals of the April 1973 injury. ORDER Service connection for left patellofemoral syndrome is granted. BARBARA B. COPELAND 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.