Citation Nr: 21070953
Decision Date: 11/29/21	Archive Date: 11/29/21

DOCKET NO. 17-12 369
DATE: November 29, 2021

REMANDED

Entitlement to service connection for a left knee disability, to include as secondary to service-connected residuals of traumatic right knee injury with degenerative joint disability, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from September 1966 to September 1970.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).  The Board remanded this case in May 2021 for further development.

The Veteran testified at a Central Office hearing before the undersigned in August 2019.  A transcript is of record.

In May 2021, the Board remanded this matter for additional development. 

1. Entitlement to service connection for a left knee disability, to include as secondary to service-connected residuals of traumatic right knee injury with degenerative joint disability, is remanded.

In its May 2021 remand, the Board directed the VA examiner to determine the nature and etiology of the Veteran's left knee disability, to include whether it was cause or aggravated by the Veteran's service-connected right knee disability.  In the June 2021 VA examination, the examiner opined that the Veteran's left knee disability was not caused or aggravated by his service-connected right knee disability, but this was not supported by an adequate rationale.  In fact, the examiner used the exact same rationale for his direct service connection and secondary service connection opinions, specifically that the Veteran's left knee osteoarthritis was mostly likely age-related.  As such, a remand is warranted.  

The matters are REMANDED for the following action:

Obtain a supplemental VA opinion from an appropriately qualified examiner who has not already provided an opinion in this case regarding the nature and etiology of the Veteran's left knee disability.  Only if deemed necessary to provide an opinion, should the Veteran be afforded a new VA examination for his left knee disability.  Provide the claims file, including a copy of this REMAND, to the examiner for review.

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After reviewing the claims file, the examiner should opine whether it is at least as likely as not (approximately 50 percent probability or greater) that the Veteran's currently diagnosed left knee disability is caused or aggravated by his service-connected right knee disability.  

All opinions expressed must be accompanied by a complete rationale.

 

 

LESLEY A. REIN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	E. Ko, 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.