Citation Nr: 18152876
Decision Date: 11/27/18	Archive Date: 11/26/18

DOCKET NO. 11-13 570
DATE:	November 27, 2018
REMANDED
Entitlement to a left knee disorder is remanded.
REASONS FOR REMAND
The Veteran has verified active military service from November 1973 to September 1977 and from August 1982 to November 1984. Notably, the period of service from September 5, 1983 to November 2, 1984 has been found to be dishonorable and will not be considered for purposes of determining eligibility for VA benefits.  See November 1994 Administrative Decision.  
This matter is before the Board of Veterans' Appeals (Board) on appeal from an October 2009 decision of the New York, New York, Department of Veterans Affairs (VA) Regional Office (RO).
In July 2017, the Board denied service connection for a left knee disorder and the Veteran appealed that decision to the United States Court of Appeals for Veterans Claims (CAVC).  Pursuant to a May 2018 memorandum decision, CAVC vacated the Board's decision and remanded the matter for compliance with the findings.  


Entitlement to a left knee disorder is remanded.
CAVC’s May 2018 decision found the Board’s January 2017 denial of service connection to be improper because of a failure to comply with the duty to assist, namely reliance on an inadequate medical report.  
In April 2014, the Board remanded the issue for a VA examination that “accept[ed] as fact that the Veteran fell on his left hip during service in 1975 and has experienced occasional left knee swelling since that time.”  CAVC was of the view that the May 2014 VA medical opinion obtained after the Board’s remand, disregarded the above-noted remand instruction.  That opinion noted the absence of any records of treatment between 1975 and 1995, but did not mention the occasional left knee swelling the Board acknowledged to have occurred.  Considering CAVC's conclusions, another examination and opinion is necessary. 
The matter is REMANDED for the following actions:
1. Ask the Veteran to identify any additional relevant records of treatment he wishes considered relating to this claim, which records should be sought.  
2. After the above has been accomplished to the extent possible, schedule the Veteran for a VA knee examination to determine the nature of any current left knee disability, and to obtain an opinion as to whether such is possibly related to service.  The entire claims file must be made available to and be reviewed by the examiner in conjunction with the examination.  All necessary tests should be conducted and the results reported. 
Following review of the claims file and examination of the Veteran, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent probability or greater) that any current disability of the left knee arose during service or is otherwise related to service.  A rationale should be provided for the opinion, to include acknowledgement of the Veteran’s lay statements.  The examiner should specifically note the following, which should be acknowledged in the opinion provided: 
For purposes of the opinion, the examiner should accept as fact that the Veteran fell on his left hip during service in 1975 and has experienced occasional left knee swelling since that time.  
3. Then, the record should again be reviewed. If the benefit sought on appeal remains denied, then the Veteran and his representative should be furnished with a supplemental statement of the case and be given the opportunity to respond thereto.
 
MICHAEL KILCOYNE
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M. Colicelli