Citation Nr: 19175697
Decision Date: 10/01/19	Archive Date: 10/01/19

DOCKET NO. 18-03 801
DATE: October 1, 2019

REMANDED

The claim for service connection for a bilateral knee disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from February 1974 to February 1978. This case comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2016 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran testified before the undersigned Veterans Law Judge at a hearing at the RO in June 2019. A transcript of the hearing is associated with the claims file. 

1. Entitlement to service connection for a bilateral knee disability.

The Board finds that a remand is necessary in this case to further develop the record. A September 2014 X-ray from the Veteran’s private physician appears to identify osteoarthritis in the Veteran’s knees, though treatment records from the same doctor only note a diagnosis of knee pain. The Veteran also provided credible and competent testimony that he complained of knee pain to medical personnel during service while on active duty as an infantryman. He additionally reported that his service duties were physically demanding involving running, hiking, and marching long distances with a heavy-duty ruck sack. The Board finds that the lay and medical evidence is sufficient to trigger VA’s duty to assist the Veteran by obtaining a VA examination and medical opinion to determine the nature and etiology of the claimed bilateral knee disability.

The matters are REMANDED for the following action:

Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any currently present bilateral knee disability. If a current knee disability is identified, the examiner must opine whether it is at least as likely as not related to an in-service injury, event, or disease, including the Veteran’s reports of knee pain associated with his active duty infantryman service. 

 

 

M. H. HAWLEY

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Riley, Counsel

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.