Citation Nr: 20005148 Decision Date: 01/24/20 Archive Date: 01/22/20 DOCKET NO. 17-37 403 DATE: January 24, 2020 REMANDED Entitlement to service connection for a left knee disability is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from March 1969 to December 1970, with additional active service in the United States Naval Reserve. A Board hearing was held before the undersigned Veterans Law Judge in October 2019, and a transcript of the hearing is of record. The Board notes that the Veteran and his representative requested a 60-day continuance to obtain additional medical evidence in support of the claim currently on appeal for the Board to consider. The Veteran submitted private treatment records from October 2019 and waived review by the Agency of Original Jurisdiction (AOJ). See December 2019 supporting documents. The Veteran asserts that his current left knee disability had onset in service. See October 2019 hearing transcript. Service treatment records document that the Veteran was diagnosed with pulled muscles in both legs in January 1970, and he reported left knee pain in April 1970. The Veteran was afforded a VA knee examination in May 2017. The examiner indicated the Veteran had a current diagnosis of osteoarthritis of the left knee. The examiner opined the Veteran’s current left knee osteoarthritis was less likely than not (less than 50 percent probability) incurred in or caused by an in-service injury, event, or illness. Without further explanation, the examiner indicated the Veteran’s left knee pain in service was not degenerative joint disease. During the October 2019 Board hearing, the Veteran reported that his left knee was injured playing basketball for his Naval squadron’s team. The Veteran indicated that he continued to experience pain and discomfort in his left knee following the injury in service, but did not seek medical treatment until he was referred to a specialist in January 2018. In January 2018 private treatment records associated with the claims file, the Veteran reported a history of several minor traumas to his left knee, and Dr. J.R.S. provided an assessment of left knee early arthritis and posterior cruciate ligament tear. See also October 2019 private treatment record (Veteran reported multiple traumas to both knees while playing basketball in the Navy). At the October 2019 Board hearing, the Veteran reported that the private treatment provider indicated the posterior cruciate ligament tear had been there for a very long time. As the May 2017 VA medical opinion that the Veteran’s current left knee disability was less likely than not incurred in or caused by service is not supported by a clinical explanation or rationale, the Board finds remand is necessary to afford the Veteran a new VA examination that addresses the Veteran’s contentions and the nature and etiology of his current left knee disability. The matters are REMANDED for the following action: 1. Schedule the Veteran for the appropriate VA examination to assess the nature and etiology of his claimed left knee disability. The examiner should take a history from the Veteran as to the progression of his left knee disability. After review of the record, interview and examination of the Veteran, the examiner should: (a.) Identify all current left knee disabilities for the period on appeal. (b.) For each left knee disability identified, opine as to whether it is at least as likely as not (50 percent or greater probability) that such had onset in, or is otherwise related to military service, to specifically include playing basketball for his Naval squadron’s team. All medical opinions should be supported with a clinical explanation or rationale. 2. Readjudicate the appeal. If the benefit sought remains denied, issue the Veteran and his representative a supplemental statement of the case and inform the Veteran of his appeal options. V. Chiappetta Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board B. Mask, 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.