Citation Nr: 21062604 Decision Date: 10/08/21 Archive Date: 10/08/21 DOCKET NO. 17-16 719A DATE: October 8, 2021 REMANDED Entitlement to service connection for bilateral knee disabilities is remanded. REASONS FOR REMAND The Veteran served on active duty from February 1987 to September 1991. This case comes to the Board of Veterans' Appeals (Board) on appeal from rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at a videoconference hearing in January 2020 before the undersigned. A copy of the transcript is of record. The issue on appeal was remanded by the Board for additional development in March 2020. Entitlement to service connection for bilateral knee disabilities is remanded. The Board notes that medical opinions were obtained in September 2020 regarding the etiology of the Veteran's bilateral knee disabilities. Unfortunately, the Board finds that these opinions with regard to the Veteran's knees are inadequate to resolve the issue on appeal. The September 2020 examiner's opinions relied on the rationale that the Veteran's bilateral knee disabilities were less likely than not due to her period of active service because "the Veteran had no treatment records for knee pain during active duty. The Veteran had no mention of chronic knee pain on separation exam. She has osteoarthritis in both knees, however, there are no records supporting chronic knee pain arising from military service." As the examiner's opinions are based solely on the absence of contemporaneous medical records, the Board finds these opinions to be inadequate. See Davidson v. Shinseki, 581 F.3d 1313, 1315-16 (Fed. Cir. 2009). The Board notes that the Veteran has reported trauma to her left and right knee during service. During her January 2020 hearing, the Veteran stated that she served on active duty as a plane captain and that one time when the plane was preparing to takeoff that she "was in the back of the plane, and the exhaust was coming out and it's forceful, and [she] went down on both [of her] knees." She stated that she did not go to sick call to report this event. See Hearing Transcript., p.7. The Board finds this report of in-service trauma to her knees to be competent and credible. As such, the Board finds that a new medical opinion must be obtained prior to adjudication of the Veteran's claim. The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA examination to determine the etiology the Veteran's current bilateral knee disability. The claims file must be made available to the examiner. The examiner is specifically asked to provide the following opinion: Whether any current bilateral knee disability, to include arthritis, was at least as likely as not (a 50 percent or greater probability) caused, or aggravated by, any injury or event incurred during the Veteran's period of active service. The examiner is asked to specifically discuss the Veteran's report of a fall on her knees provided during her January 2020 Board hearing. See Hearing Transcript, p.7. These statements are to be presumed credible, even without contemporaneous medical evidence. A complete rationale for all opinions must be provided. In providing the requested opinions, the examiner must address the Veteran's lay assertions. Lay statements of record cannot be disregarded solely due to lack of contemporaneous medical evidence. 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.