Citation Nr: 19188773
Decision Date: 11/26/19	Archive Date: 11/25/19

DOCKET NO. 15-19 766
DATE: November 26, 2019

REMANDED

Entitlement to service connection for degenerative joint disease of the right knee (“right knee disability”) is remanded.

REASONS FOR REMAND

Entitlement to service connection for left knee disability and tinnitus were originally on appeal as well.  However, in compliance with the December 2018 Board decision, service connection for tinnitus was granted in February 2019 rating decision.  Additionally, in an August 2019 rating decision, the RO granted service connection for left knee disability.  As such, this represents a full grant of benefits for tinnitus and left knee disability.  Accordingly, these issues are no longer before the Board.  The only remaining issue on appeal is the service connection claim for right knee disability

The Veteran testified before the undersigned Veterans Law Judge in a November 2018 Travel Board Hearing.  A transcript of that hearing has been associated with the file.  

In December 2018, the Board remanded the matter for an adequate opinion.  In compliance with the remand directives, the Veteran was afforded a VA examination in May 2019.  On review it appears that the opinion is adequate.  However, a brief was submitted in October 2019 and an additional theory of entitlement has been raised.  In the brief the Veteran’s representative argued that the Veteran’s right knee disability may be a due to his service-connected left knee disability.  As such, an addendum opinion is required.  

The matter is REMANDED for the following action:

1. Obtain and associate any outstanding VA treatment records documenting treatment for a right knee disability.  The Veteran should also be afforded the opportunity to identify and/or submit any outstanding private treatment records.

2. Request an opinion from an appropriate clinician as to the nature and etiology of the Veteran’s right knee disability.  The need for another examination is left to the discretion of the medical professional offering the opinion.  

The examiner should provide opinions that respond to the following:

(a.) Whether it is at least as likely as not (i.e. 50 percent or greater probability) that the Veteran’s right knee disability is proximately due to or caused by the Veteran’s service-connected disabilities, to include his service-connected left knee disability.  

(b.) Whether it is at least as likely as not (i.e., 50 percent probability or greater) that the Veteran’s right knee disability was aggravated (worsened in severity beyond a natural progression) by his service-connected disabilities, to include his service-connected left knee disability.  

The examiner is asked to provide a complete a rationale for all opinions offered.  

 

 

H.M. WALKER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	T. Talamantes, Associate 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.