Citation Nr: 21003444
Decision Date: 01/21/21	Archive Date: 01/21/21

DOCKET NO. 16-16 873
DATE: January 21, 2021

REMANDED

Entitlement to service connection for 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 April 1971 to March 1977. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a November 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). 

In June 2019, the Veteran testified at a Board video conference hearing before the undersigned Veterans Law Judge.  A transcript of this hearing is of record.  This matter was last before the Board in September 2019, when it was remanded for further development.

The Veteran contends that his knee disabilities are due to continuous running during active miliary service.  In June 2019, he testified that he was threatened with discharge from the Marine Corps because he could not meet the running standards at that time.  He further testified that as a member of the “100-mile club” he was constantly running in standard combat boots with no arch support. Military Personnel Records confirms that the Veteran received various certificates for participating in a 100-mile running club.  Service treatment records indicates that in June 1975, the Veteran was treated for a knee pain in service.  The Veteran testified that the pain continued and he had to self-medicate with over the counter medications until he sought treatment in 2005.

In December 2015, the Veteran’s private physician, Dr. M.E.C., provided a speculative opinion that the two years of daily running on concrete in combat   boots may have contributed to the problems the Veteran was having at that time.

In accordance with the prior remand directives, an addendum opinion was obtained in February 2020.  Nevertheless, that opinion is not fully responsive to the remand directives.  Specifically, the examiner did not provide adequate rationale for his conclusion that the current knee disabilities were not a delayed post-traumatic residual of in-service activities.  In this regard, the rationale appeared to be based  on the lack of a chronic condition in service, when the question being asked is whether activities during service, such as extensive running on pavement in combat boots, is as likely as not the underlying cause for a disability not diagnosed until years later. 

The matters are REMANDED for the following action:

1. Obtain an addendum medical opinion with respect to    the Veteran’s claims for service connection for right     and left knee disability. After review of the claims file, the examiner should explain why the Veteran’s current left and right knee disabilities are not delayed onset     post traumatic residuals of in-service activities such        as extensive running in combat boots on pavement.         In other words, the question being asked is whether activities during service, such as extensive running          on pavement in combat boots, is as likely as not the underlying cause for the current left and right knee disabilities even though they were not diagnosed         until years later.

 

2. If the claim remains denied, issue a supplemental statement of the case.

 

 

K. A. BANFIELD

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Asare, 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.