Citation Nr: 18149985
Decision Date: 11/15/18	Archive Date: 11/14/18

DOCKET NO. 17-14 721
DATE:	November 15, 2018
REMANDED
Entitlement to service connection for a right knee disability is remanded.  
Entitlement to service connection for migraines is remanded.
REASONS FOR REMAND
The Veteran served on active duty from October 2008 to July 2009 and from September 2009 to October 2010.
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).
Right Knee and Migraines
A review of the claims file reveals that a remand is necessary before a decision on the merits of the claims can be reached.  
The Veteran was afforded VA examinations for his migraines and a right knee disability in April 2016.  The examiner diagnosed migraines and right knee meniscal tear, right knee anterior cruciate ligament tear, and right knee degenerative arthritis.  However, the examiner failed to offer opinions as to the etiology of the diagnosed disorders.  Once VA has provided a VA examination, it is required to provide an adequate one, regardless of whether it was legally obligated to provide an examination in the first place.  Barr v. Nicholson, 21 Vet. App. 303 (2007).  As such, etiology opinions should be obtained.
The matters are REMANDED for the following action:
1.  Provide the Veteran’s claims file to the VA examiner who conducted the April 2016 VA examinations or an examiner with appropriate expertise for an opinion as to the etiology of the claimed migraines and right knee disabilities.  The examiner should review the claims file prior to rendering the opinions.  If any opinion cannot be provided without an examination(s), one should be provided.  The examiner should provide the following opinions:  
(a)  Is at least as likely as not (50 percent or greater probability) that migraines either began during or were otherwise caused by the Veteran’s active duty service.  
(b)  Is it at least as likely as not (50 percent or greater probability) that a right knee disability either began during or was otherwise caused by the Veteran’s active duty service.  
A complete rationale should be provided for any opinion expressed.
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2.  Then, readjudicate the claims on appeal.  If action remains adverse to the Veteran, issue a supplemental statement of the case and allow the appropriate time for response.  Then, return the case to the Board.
 
KELLI A. KORDICH
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	A. Cryan, Counsel