Citation Nr: 21066575
Decision Date: 11/01/21	Archive Date: 11/01/21

DOCKET NO. 18-41 174
DATE: November 1, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran served on active duty from September 1966 to May 1970.  This matter came before the Board of Veterans Appeals (Board) on appeal from a February 2017 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).  The Veteran testified before the undersigned Veteran's Law Judge during an October 2021 hearing.  

1. Entitlement to service connection for a right knee disability 

The Veteran has not yet been afforded a VA examination in connection with this issue.  VA has a duty to provide an examination or obtain a medical opinion on an issue of service connection when the record, 1) contains competent evidence that the claimant has a current disability or signs and symptoms of a current disability, 2) indicates that the disability or signs and symptoms of a disability may be associated with active service, and 3) the record does not contain sufficient information to make a decision on the issue.  38 U.S.C. § 5103A(d) (West 2014); McLendon v. Nicholson, 20 Vet. App. 79, 81 (2006).  

April 1968 service treatment records noted worsening intermittent aching in the right knee.  June 1968 service records also noted a right ankle injury when stepping in a hole, which the Veteran contends also injured his right knee.  At the October 2021 hearing, the Veteran reported chronic right knee pain since service, along with weakness and instability, resulting in functional limitation including reduced range of motion, and decreased ability to walk, run and kneel.  The Board notes the Federal Circuit's holding in Saunders v. Wilkie, which stated that even in the absence of a presently-diagnosed condition, pain can cause functional impairment, and that in that situation, "pain alone, without an accompanying diagnosis of a present disease, can qualify as a disability."  Saunders v. Wilkie, 886 F.3d 1356 (Fed. Cir. 2018).  As the Veteran had documented right knee pain in service and has submitted competent evidence of ongoing right knee pain, remand for a VA examination is required.  

The matters are REMANDED for the following action:

1. Schedule the Veteran for an appropriate VA examination, to determine the etiology of any current right knee disability.  The examiner should review the file and provide a complete rationale for all opinions expressed.  

For any current right knee disability found to be diagnosed, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that any such disability is related to the Veteran's active service.  In providing the opinion, the examiner should consider and discuss any lay statements of record, to include the Veteran's statements regarding the onset and persistence of his symptoms.  

2. If upon completion of the above action the appeal 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	A. Arnold

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.