Citation Nr: 21001080 Decision Date: 01/07/21 Archive Date: 01/07/21 DOCKET NO. 17-42 699 DATE: January 7, 2021 REMANDED Entitlement to service connection for a left knee disability is remanded. Entitlement to service connection for a right knee disability is remanded. REASONS FOR REMAND The Veteran served on active duty from March 1952 to December 1953. For his service, he was awarded the Combat Infantryman Badge, among other awards and decorations. This matter comes before the Board of Veterans’ Appeals (Board) from a February 2017 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). The Board previously remanded these matters for further evidentiary development in January 2019 and April 2020. Entitlement to service connection for bilateral knee disabilities is remanded. Pursuant to the Board’s April 2020 remand instructions, the Veteran was scheduled for an in-person etiology opinion to evaluate his claims. The Veteran submitted a statement to VA in May 2020, explaining that due to his age and health concerns (including the fact he had been battling the shingles virus over the past year) he was reticent to attend an in-person examination and requested a telehealth examination. The examiner to whom the VA contracted out the opinion then subsequently refused to do the examination via telehealth and demanded the Veteran appear in person. In June 2020, the Veteran again contacted VA, saying he did not feel comfortable coming into a clinic at this time, and requesting the examination request by resubmitted. To date, no opinion has been rendered. The Board notes that in its prior remand it instructed the RO that, “[i]f the Veteran is unable to attend a VA examination, please request a VA opinion from an appropriate VA physician.” Given the current COVID-19 crisis, the Board finds it utterly reasonable that the Veteran did not wish to attend an in-person examination. The Board further finds it unconscionable that VA was unable any medical feedback whatsoever for an elderly Veteran who is taking sensible and medically recommended precautions. Upon remand, VA should contact the Veteran to determine the best course of action, and should provide the Veteran with a telehealth examination and an updated etiology opinion. The matters are REMANDED for the following action: Contact the Veteran and determine whether he wishes to attend an in-person VA examination to evaluate his claimed knee disabilities. If the Veteran is unable or unwilling to attend in person due to the COVID-19 pandemic, VA must schedule him for a telehealth examination. The examiner is asked to interview the Veteran, review the claims file, and provide the following information: (a) State whether the criteria for a diagnosis are met. (b) Opine whether it is at least as likely as not (50 percent or greater probability) that the Veteran’s disability was incurred in or otherwise related to the Veteran’s service. (c) If it is determined that there is another likely etiology for the Veteran’s disability, that should be stated. (d) The examiner must consider the Veteran’s statements regarding onset/in-service injury and statements regarding the continuity of symptomatology. Dalton v. Nicholson, 21 Vet. App. 23 (2007). If the examiner chooses to reject the lay statements, a reason must be provided. The examiner should set forth all examination findings, with a clear rationale for the conclusions reached. LESLEY A. REIN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Ryan, 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.