Citation Nr: 20028030
Decision Date: 04/21/20	Archive Date: 04/21/20

DOCKET NO. 15-13 558
DATE: April 21, 2020

REMANDED

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

REASONS FOR REMAND

The Veteran had active service from May 1972 to October 1991. 

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an October 2013 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). 

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

In the June 2018, the Board remanded the matter for the purpose of obtaining an examination.  Reference was made to the Veteran’s report of right knee pain in service and since that time as well as treatment records reflecting right complaints. The examiner was asked to address whether it was as likely as not that the present right knee disability was related to the Veteran’s active service. In addressing that question, the examiner was directed to consider the Veteran’s report of continuity of symptomatology.

A VA examination was conducted in July 2019.  A determination was made that it was less likely that the Veteran’s current right knee disability was related to his active service. Much of that conclusion was based on the finding that the service treatment records (STRs) did not substantiate the Veteran’s report of experiencing right knee problems in service.  Such was an inaccurate finding. 

To the contrary, STRs dated in October 1976 reflect that the Veteran complained of right knee pain during service after his left knee gave out and he fell down a flight of stairs. There was also no discussion/consideration of treatment records from September 1993, two years after discharge, show the Veteran reported right knee pain, stiffness, and locking. Also of record is a September 1995 treatment record that notes the Veteran’s report of knee pain since falling down a flight of stairs. These medical records allude to onset and continuity of symptoms and were not addressed. 

Another VA medical opinion is needed to address the evidence. See Stegall v. West, 11 Vet. App. 268 (1998).  

The matters are REMANDED for the following action:

Obtain an addendum opinion from an examiner of appropriate expertise to determine the nature and etiology of any currently present right knee disability.  If an examination is deemed necessary, such should be scheduled. The following questions should be addressed:  

a.	Whether it is at least as likely as not (50 percent or better probability) that any right knee disability had its initial onset in service or is otherwise etiologically related to the Veteran’s active service.  The examiner must consider the Veteran’s lay statements regarding the onset and continuity of his symptoms as well as the above referenced service and post-service treatment records.

b.	Whether it is at least as likely as not (50 percent or better probability) that any right knee disability was caused by a service connected disability, to include the Veteran’s service connected status post left knee patellaplasty.

c.	Whether it is at least as likely as not (50 percent or better probability) that any right knee disability was aggravated (worsened beyond natural progression) by a service connected disability, to include the Veteran’s service connected status post left knee patellaplasty.

The rationale for all opinions must be provided.

 

 

MICHAEL A. HERMAN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S. Smith, 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.