Citation Nr: 20007002
Decision Date: 01/28/20	Archive Date: 01/28/20

DOCKET NO. 19-23 243
DATE: January 28, 2020

REMANDED

Entitlement to service connection for a left knee disability is remanded.

REASONS FOR REMAND

The Veteran served in the Army National Guard of Texas from April 1989 to April 1995.  This service included a period of active duty from June 1990 to August 1990.

Entitlement to service connection for a left knee disability is remanded.

The Veteran appeals the denial of service connection for a left knee disability.  Specifically, the Veteran contends that his current left knee condition is the result of an injury he sustained from a fall during a period of active duty for training (ACDUTRA). 

Based on the available evidence of record, it is not clear whether the Veteran’s claimed left knee injury occurred while on a period of ACDUTRA or inactive duty for training (INACDUTRA) in the Army National Guard.  Accordingly, remand is needed to contact the all appropriate sources to provide the specific dates of all the Veteran’s active duty, ACDUTRA and INACDUTRA service.

Additionally, the Veteran had an examination for his left knee condition in May 2018.  The examiner noted that the Veteran had a diagnosis of a left knee meniscal tear.  However, the examiner did not provide a nexus opinion regarding whether the Veteran’s current left knee condition is related to his period of active duty service.  Accordingly, remand is appropriate for an addendum medical opinion regarding the etiology of the Veteran’s claimed left knee disability. 

The matters are REMANDED for the following action:

1. Verify through appropriate actions all of the Veteran’s periods of ACDUTRA and INACDUTRA with the Army National Guard of Texas.  Verify the dates and type of service (e.g., active duty, ACDUTRA, INACDUTRA).  The Board is particularly interested in any service between 1990 and 1992.  If this information is unavailable, all efforts to obtain it should be documented in the claim file.

2. Once the above development has been completed, obtain an addendum medical opinion from a qualified VA medical professional to determine the nature and etiology of any current left knee disability.  The examiner should review the claims folder, and then respond to the following:   

The VA examiner must provide an opinion as to whether it is at least as likely as not (a 50 percent probability or more) that the Veteran’s claimed left knee disability arose during service or a verified period of ACDUTRA; is otherwise the result of a disease or injury incurred during active duty or a verified period of ACDUTRA; or is otherwise the result of an injury incurred during a verified period of INACDUTRA.

The examiner is asked to explain the reasons behind any opinions expressed and conclusions reached.  Lay contentions must be considered and weighed in making the determination as to whether a nexus exists.  The examiner is reminded that the term “as likely as not” does not mean “within the realm of medical possibility,” but rather that the evidence of record is so evenly divided that, in the examiner’s expert opinion, it is as medically sound to find in favor of the proposition as it is to find against it.

 

 

Bethany L. Buck

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	David M. Sebstead, 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.