Citation Nr: 21002597 Decision Date: 01/14/21 Archive Date: 01/14/21 DOCKET NO. 10-28 475 DATE: January 14, 2021 REMANDED Entitlement to service connection for a left knee disability is remanded. Entitlement to service connection for a lumbar spine disability is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1977 to December 1980, and from February 1982 to November 1987. The Veteran’s appeal was remanded by the Board in October 2018. Entitlement to service connection for a left knee disability and a lumbar spine disability Unfortunately, the Board finds that the medical opinions provided regarding the Veteran’s claims are inadequate to resolve the issues on appeal. In the October 2018 remand, the Board stated that while the December 2016 examiner found no current left knee disability that the evidence of record provides x-ray evidence of left knee arthritis from February 23, 2010 (a prior VA examination) and May 31, 2012. The examiner was asked to provide an opinion regarding the etiology of the Veteran’s left knee disability. The 2019 examiner, however, stated that there was no objective evidence of a current left knee disability and that they could not comment on prior diagnoses as they were not present at prior examinations. The Board finds this opinion to be inadequate. The VA examiner failed to address whether the Veteran had a left knee disability at any point during the claim, and the medical opinion provided is, therefore, inadequate. See McLain v. Nicholson, 21 Vet. App. 319, 321 (2007) (the current disability requirement is satisfied when a claimant has a disability at the time a claim for VA disability compensation is filed or during the pendency of that claim, even if the disability resolves prior to adjudication of the claim). The Board notes that the 2010 VA examiner provided a diagnosis of degenerative joint disease and found that active range of motion was limited to 100 degrees flexion. Additionally, the 2019 examiner reported that the Veteran had functional loss or functional impairment of the joint that resulted in decreased mobility and pain. The United States Court of Appeals for the Federal Circuit has clarified that pain alone resulting in functional impairment can satisfy the current disability requirement for service connection. Saunders v. Wilkie, 886 F.3d 1356, 1367-68 (Fed. Cir. 2018). The Veteran is competent to report about joint pain symptoms. As such, the Board finds that a new medical opinion should be obtained to provide an opinion regarding whether the Veteran had a left knee disability at any point since July 2007, the beginning of the appeal period, including considering functional impairment due to pain. A new medical opinion should also be obtained regarding the etiology of the Veteran’s lumbar spine disability. The 2019 examiner opined that the Veteran’s degenerative arthritis of the lumbar spine was less likely than not incurred in or caused by the claimed in-service injury. The only rationale provided was that there was a long interval without evaluation, imaging or treatment between the Veteran’s in-service injury and treatment and his claim for service-connection. The Board finds this opinion to be inadequate because the only rationale was a conclusory statement without any explanation of the underlying medical facts or principles. See Nieves-Rodriguez v. Peake, 22 Vet. App. 295, 304 (2008) (most of the probative value of a medical opinion comes from its reasoning). Accordingly, the Board finds that a new medical opinion should be obtained. The matters are REMANDED for the following action: 1. Schedule a VA orthopedic examination with a different examiner than the individual who conducted the June 2019 examinations to determine the nature and etiology of the Veteran’s lumbar spine disability. The claims file must be provided to the examiner for review. All indicated tests and studies should be performed. Based on the examination and review of the record, the examiner shoulder determine whether it is as least as likely as not (50 percent probability or more) that any back disability had its onset during service is otherwise causally or etiologically related to service, to include the documented in-service motor vehicle accident of 1984. The examiner is advised that the Veteran is competent to report symptoms, treatment, and injuries, and that his reports must be taken into account in formulating the requested opinion. Any opinions expressed must be accompanied by a complete rationale. 2. Schedule a VA orthopedic examination with a different examiner than the individual who conducted the June 2019 examinations to determine the nature and etiology of the claimed left knee disability. The claims file must be provided to the examiner for review. All indicated tests and studies should be performed. Based on the examination and review of the record, the examiner should clearly identify all left knee disabilities, to include any pain that caused any functional impairment since the time of filing the claim or approximate thereto. The examiner should note the reports of limited left knee flexion from the 2010 VA examination and May 2012 x-rays of the left knee. Then, the examiner shoulder determine whether it is as least as likely as not (50 percent probability or more) that any left knee disability, to include pain that causes impairment, had its onset during service or is otherwise causally or etiologically related to service, to include the documented in-service motor vehicle accident of 1984. The examiner is advised that the Veteran is competent to report symptoms, treatment, and injuries, and that his reports must be taken into account in formulating the requested opinion. Any opinions expressed must be accompanied by a complete rationale. K. Parakkal Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board P.M. Johnson, 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.