Citation Nr: 21072151
Decision Date: 12/02/21	Archive Date: 12/02/21

DOCKET NO. 17-58 859
DATE: December 2, 2021

REMANDED

Service connection for a right leg condition (now claimed as right knee disability) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from March 1973 to July 1975.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from a July 2016 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran and his spouse testified at a virtual Board hearing in November 2021.  A copy of the hearing transcript is associated with the claims file.

This case has been advanced on the docket pursuant to 38 C.F.R. § 20.902(c).

1. Service connection for a right leg condition (now claimed as right knee disability) is remanded.

The Board is not able to make a fully informed decision on the issue of service connection for a right leg condition (now claims as right knee).

The Veteran contends that he has a right leg and/or right knee condition that is causally linked to his period of active service.

The Veteran was last afforded a VA examination in August 2015.  At that time, the examiner determined that the Veteran did not have a current diagnosis associated with the claimed right leg and/or right knee condition and noted the Veteran did not have any complaints of right knee pain.  The Veteran's testimony at his November 2021 virtual Board hearing suggests that his right leg and right knee problems  have worsened in severity.  Specifically, he testified that he could bear with his right leg and right knee when he was younger but then it started giving out on him and having its own occasional pain.  A new examination is warranted to determine whether the Veteran has a current disability, to include pain as a disability, associated with the claimed right leg and/or right knee condition.

The matters are REMANDED for the following action:

1. Schedule the Veteran for an examination with an appropriate clinician to determine the nature and etiology of any right leg or right knee condition.  The examiner should review the claims file and address the following:

(a.) Identify all right leg and/or right knee conditions, to include pain as a disability.

(b.) For each identified disability, the examiner must opine whether it is at least as likely as not (50 percent or greater probability) that the current right leg and/or right knee disability had its onset in or is otherwise related to the Veteran's period of active service.

The examiner should consider and address the Veteran's contention that he first experienced right leg and/or knee pain in service and it has continued since service.

2. A rationale for all opinions is to be provided.  All pertinent evidence, including both lay and medical, should be considered.  The Veteran is competent to report his symptoms and history, and such reports must be specifically acknowledged and considered in formulating any opinions.  If the examiner rejects the Veteran's reports of symptoms and history, he or she must provide a reason for doing so.  The examiner is reminded that the lack of medical evidence is not an adequate reason for discounting the Veteran's statements.

3. After completing the above, and any other development as may be indicated, the Veteran's claim should be readjudicated based on the entirety of the evidence.  If the claim remains denied, the Veteran and his representative should be issued a supplemental statement of the case (SSOC).  An appropriate period of time should be allowed for response.  Thereafter, the case should be returned to the Board for further appellate consideration, if otherwise in order.

 

 

 

K. Parakkal

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Ball Jackson, 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.