Greetings to all members to Hadit.
The question may have been answered in the forum but I can't find and answer anywhere so therefor any help would be greatly appreciated.
I have recently file a secondary claim for bilateral knee conditions caused by my bilateral flat feet which I am rated at 50% for. I do have a diagnosis for both knees which were submitted.
The examiner opined that I do have a bilateral knee condition that is less than likely than not caused by bilateral pes planus.
The examiners rational was " that the veterans bilateral condition was due to a specific incident or injury while in service and not by pes plans".
To me, the examiner does see a direct service connection for my knee condition.
I was denied bases on the examiners opinion but the rating official did not consider the examiners rationale.
I am in the middle of doing an NOD instead of a reconsideration, even though I filed as secondary, Is there a reg out there that states that the rater can do a direct service connection being that I have an event or injury while in service, I do have a diagnosis, and looks like the examiner stated it was caused by an incident or injury while in service (looks like a nexus)?
Thank you all in advance for your help.