Citation Nr: 21003090
Decision Date: 01/19/21	Archive Date: 01/19/21

DOCKET NO. 17-05 601
DATE: January 19, 2021

REMANDED

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

REASONS FOR REMAND

The appellant is a Veteran who served on active duty from September 1970 to January 1973.  This matter is before the Board of Veterans’ Appeals (Board) on appeal from a rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

In November 2019, the Board issued a decision denying entitlement to service connection for a right knee disability.  He appealed this decision to the United States Court of Appeals for Veterans Claims (Court).  In July 2020, the Court vacated the Board’s denial, and remanded the issue to the Board pursuant to a Joint Motion for Partial Remand (JMPR).  

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

The Veteran contends his right knee disability is a result of his time in service.  He has explained that he suffered an injury to his right knee during service, when he was working on the loading docks.  He reported while working on the loading docks, he fell, and when he tried to catch himself, he injured his right knee.  

The Veteran underwent a right knee operation for a torn meniscus in October 2011.  As part of the post-op diagnosis, the Veteran’s treatment provider indicated a diagnosis of degenerative arthritis, and full thickness chondral defect.  Subsequent to the operation the Veteran was seen with complaints of pain, an, swelling and decreased motion.  The evidence of record indicates the Veteran was seen at the Mayo Clinic Sports Medicine Center in 2011 regarding his right knee, with notes that he was then seen by Sports Therapy, however there are no records documenting Sports Therapy visits. 

A remand is necessary to determine if the Veteran suffers from a right knee disability and the etiology thereof.  

The matters are REMANDED for the following action:

1. Obtain and associate with the Veteran’s claims file all ongoing private and VA treatment records, specifically records from Mayo Clinic Sports Medicine Center.  

2. Schedule the Veteran for an appropriate examination  for the claimed right knee disability.  

The examiner is asked to answer the following: 

Is it at least as likely as not that any diagnosed right  disability is related to his service?

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The examiner is asked to provide a rationale for any opinions rendered.

 

 

H.M. WALKER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	E. Skiouris, 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.