Citation Nr: 21062120
Decision Date: 10/06/21	Archive Date: 10/06/21

DOCKET NO. 15-18 248
DATE: October 6, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran served on active duty from September 1984 to July 1987.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2014 rating decision by the Department of Veterans Affairs (VA). This case was remanded in March 2020 and April 2021 for further development.

In September 2018, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge; a transcript of that hearing is of record.

Entitlement to service connection for a bilateral knee disability.

The Board previously remanded this matter to obtain a new medical opinion as to whether the Veteran's bilateral knee disabilities are related to his active duty service. In June 2021, a VA examiner opined it was less likely than not that the diagnosed disabilities were related to service but relied almost entirely on the absence of evidence in medical records and did not consider the Veteran's reported onset of knee pain in service. As a result, the opinion is inadequate and remand for a new opinion is necessary.

The matter is REMANDED for the following action:

1. The AOJ should obtain copies of VA treatment records from June 2021 to the present.

2. After the above development is completed, the AOJ should arrange for a VA medical opinion, with examination or telehealth interview of the Veteran only if deemed necessary by a medical professional, to determine the nature and likely cause of any bilateral knee disability. The examiner should review the claim file (including this remand) and note such review was conducted. Based on review of the record, the examiner should provide an opinion with detailed rationale that responds to the following:

Is it at least as likely as not (50% or greater probability) that the Veteran's diagnosed bilateral knee disabilities were either incurred in or otherwise related to his military service? Please explain why. The examiner must discuss the Veteran's report of pain in service, corroborated by an acquaintance, the report that he sought private treatment in the years after service, and the September 2013 private treatment opinion that the Veteran's knee pain is most likely related to his obesity. The examiner may not rely solely on the absence of evidence in medical records, nor can the examiner rely solely on medical literature without discussing the facts of the Veteran's case.

3. If upon completion of the above action the issue remains denied, the case should be returned to the Board after compliance with appellate procedures.

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Sandler, 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.