Citation Nr: 20023067 Decision Date: 04/02/20 Archive Date: 04/02/20 DOCKET NO. 17-67 002 DATE: April 2, 2020 REMANDED Entitlement to service connection for a right knee disability is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from February 1953 to November 1977. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from February 2016 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran presented sworn testimony at a hearing before the undersigned Veterans Law Judge (VLJ) in May 2019. A transcript of that hearing is of record. The appeal was remanded in October 2019 for further development, regrettably development is still necessary before adjudication. Entitlement to service connection for a right knee disability is remanded. In its October 2019 remand, the Board asked that a new VA examination be conducted in order to determine whether the Veteran’s right knee disability was related to his service. In that remand, the Board noted the Veteran’s assertion that he had a right knee disability which was related to an injury while playing football. That remand noted that this injury was not recorded in service treatment records but that the Veteran did report pain in his right knee in March 1978. The Veteran was afforded a VA examination in November 2019 wherein he again described an in-service injury to the right knee while playing football. Following physical examination and review of the record, the VA examiner found that it was less likely than not that the Veteran had a right knee disability which was due to service. In so finding, the examiner stated as part of his rationale that the medical record did not clearly relate any in service injuries, events or visits to a right knee condition. At no time did the examiner note the Veteran’s lay statements of an in-service football injury. The lay statements by the Veteran are competent evidence that should have been used by the examiner to make his conclusions. Buchanan v. Nicholson, 451 F.3d 1331, 1336 (Fed. Cir. 2006). Thus, a new etiology opinion must be obtained that addresses the foregoing concern. The matters are REMANDED for the following action: 1. Return the claims file to the October 2019 VA examiner (or another qualified examiner if unavailable) for preparation of an addendum opinion regarding the Veteran's right knee disability service connection claim. Issue an opinion addressing whether the Veteran’s right knee osteoarthritis and arthritis had their onset in service, within a year of separation from active duty, or are otherwise related to service to include as due to an injury while playing football as described in the record by the Veteran. In issuing this opinion, the VA examiner should address the relevant evidence of record including, but not limited to, the March 1978 VA examiner’s findings. 2. Then readjudicate the claim remaining on appeal. If the benefit sought is not granted in full, furnish the Veteran and his representative with a supplemental statement of the case and an opportunity to respond, and return the case to the Board. KELLI A. KORDICH Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board G. Slovick, 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.