Citation Nr: 21063771
Decision Date: 10/15/21	Archive Date: 10/15/21

DOCKET NO. 16-35 749
DATE: October 15, 2021

REMANDED

Entitlement to service connection for a right knee disability, including as secondary to service-connected left knee disability, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from December 1971 to December 1973, including service in the Republic of Vietnam.

This matter comes before the Board of Veterans' Appeals (Board) from a June 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).  This issue was previously remanded by the Board in May 2021 and has since been returned for further adjudication. The Board previously remanded the issues of entitlement to service connection for a left knee disability and headaches. These issues were granted after the last remand, constitute a full grant of benefits sought, and will not be discussed here.

The Veteran has contended since August 2010 that his right knee disability is caused by or aggravated by using his right knee more to compensate for his left knee disability.

During a November 2019 VA examination, the examiner stated that this disability was more likely than not caused by post-service use or overuse. The Veteran has contended since the start of his claim that he must use his right knee more to compensate for the pain from his left knee disability. After the last Board remand, the Veteran's left knee disability was granted service-connection. As this disability is now service connected, and there is not a medical opinion addressing this contention, remand is necessary to determine if the Veteran's right knee disability is caused by or aggravated beyond its normal progression by using the right knee more to compensate for the pain from his left knee disability. 

The matters are REMANDED for the following action:

1. Ask the Veteran to identify all outstanding treatment records relevant to treatment for his right knee.  All identified VA records should be added to the claims file.  All other properly identified records should be obtained if the necessary authorization to obtain the records is provided by the Veteran.  If any records are not available, or the Veteran identifies sources of treatment but does not provide authorization to obtain records, appropriate action should be taken (see 38 C.F.R. § 3.159(c)-(e)), to include notifying the Veteran of the unavailability of the records.

2. After records development is completed, the claims file should be sent to an appropriate examiner to offer an opinion as to whether any current disability of the right knee is at least as likely as not (a) caused by, or (b) aggravated by (worsened beyond natural progression) service-connected left knee arthritis, strain and instability, to include by any alteration in station or gait associated therewith.

In providing this opinion, the examiner should address the Veteran's assertion that his right knee disability was caused by or aggravated by having to use his right knee more to compensate for the pain from his left knee disability.

The need for an examination is left to the discretion of the examiner.  A rationale for all opinions offered is requested as the Board is precluded from making any medical findings. 

 

 

P.M. DILORENZO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Hofmeister

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.