Citation Nr: 18161307
Decision Date: 12/31/18	Archive Date: 12/31/18

DOCKET NO. 16-59 807
DATE:	December 31, 2018

REMANDED

Entitlement to service connection for a left knee disability, to include patellofemoral syndrome, iliotibial band syndrome, and a medial meniscal tear is remanded.

REASONS FOR REMAND

Although the Veteran initiated appeals with regard to evaluation of right and left shin splints as well as service connection of the left knee, on his November 2016 substantive appeal he and his representative each specified they were perfecting only the appeal with regard to the left knee.

In a December 2013 examination, the VA examiner opined that the left knee disability was less likely than not related to service, as the Veteran had not been treated for such in service, as he had for his right knee.  Since that time, the Veteran has bene service connected for a right knee disability and for shin splints of both lower extremities.  From the October 2016 VA examination, it is unclear as to whether these service-connected conditions have played a role in aggravating a current left knee disability.  Moreover, the extent to which the 2013 examiner credited the competent lay reports of in-service bilateral knee complaints must be established.

The matters are REMANDED for the following action:

1.  Schedule the Veteran for a VA joints examination; the claims folder must be reviewed in conjunction with the examination.  The examiner must identify all currently diagnosed conditions of the left knee, and for each must opine as to whether such is at least as likely as not caused or aggravated by service or a service-connected disability, to include right knee disability or left or right leg shin splints.  The Veteran’s reports of in-service bilateral knee pain must be discussed.

2.  Upon completion of the above, and any additional development deemed appropriate, readjudicate the remanded issue.  If the benefit sought remains denied, the Veteran should be provided with a supplemental statement of the case.  The case should then be returned to the Board for appellate review if otherwise in order.  





 

WILLIAM H. DONNELLY

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	R. E. Trotter, Associate Counsel