Citation Nr: 18159472
Decision Date: 12/19/18	Archive Date: 12/19/18

DOCKET NO. 17-01 149
DATE:	December 19, 2018
REMANDED
1. Entitlement to service connection for a left knee disability is remanded.  
2. Entitlement to service connection for a right knee disability is remanded.
REASONS FOR REMAND
The Veteran claims service connection for left and right knee disabilities.  He has submitted private medical evidence of current knee disabilities diagnosed as left knee pain, right knee pain, possible plica in right knee, right iliotibial band syndrome, and tendonitis.  The Veteran has not been afforded a VA examination.  The Board notes that while only left knee pain (as well as right knee pain) has been identified, in Saunders v. Wilkie, 886 F.3d 1356 (Fed. Cir. 2018), the United States Court of Appeals for the Federal Circuit (Federal Circuit) found that the term “disability” as used in 38 U.S.C. § 1110 “refers to the functional impairment of earning capacity, not the underlying cause of said disability,” and held that “pain alone can serve as a functional impairment and therefore qualify as a disability.”  Thus, where pain alone results in functional impairment, even if there is no identified underlying diagnosis, it can constitute a disability.  Therefore, it if only pain is identified by a VA examiner, it must be determined if the Veteran’s pain is due at least in part to a service-related incident and, if so, it that pain reaches the level of functional impairment of earning capacity.
The matters are REMANDED for the following action:
Schedule the Veteran for a VA examination to determine the nature and etiology of any current right or left knee impairment.  Any indicated tests, including X-rays if indicated, should be accomplished.  The examiner should review the record prior to examination.  The examiner should provide an opinion as to whether it is more likely than not, less likely than not, or at least as likely as not, that any current right or left knee impairment including left knee pain, right knee pain, possible plica in right knee, right iliotibial band syndrome, and tendonitis had its clinical onset during service or is related to any in-service disease, event, or injury.  It must be determined if the Veteran’s left and right knee pain is due at least in part to a service-related incident and, if so, it that pain reaches the level of functional impairment of earning capacity.  The examiner should provide a complete rationale for all opinions expressed and conclusions reached.
 
S. L. Kennedy
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	J. Connolly, Counsel