Citation Nr: 21075418
Decision Date: 12/20/21	Archive Date: 12/20/21

DOCKET NO. 15-39 168
DATE: December 20, 2021

REMANDED

Service connection for a right knee disability is remanded.

Service connection for a left knee disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from January 1980 to January 1983. This case comes to the Board of Veterans' Appeals (Board) from a September 2013 rating decision.

In September 2021, the Board remanded the claims to obtain a new medical opinion which addressed all evidence of record.  Specifically, the Board found that there was non-compliance with a previous remand requesting a new opinion that discussed an October 1980 motor vehicle accident resulting in a knee strain diagnosis, as well as lay statements of the Veteran describing continuity of bilateral knee symptoms since incidents in service.

A medical opinion was obtained in November 2021. While the examiner noted in service treatment for both knees in January 1980 and that the Veteran was involved in an October 1980 motor vehicle accident, in the opinion and rationale, the examiner stated "there is no documented continuity of care to establish chronicity of..." the knee disabilities.  Once again, the examiner did not address or consider lay statements of the Veteran indicating continuity of symptomology.  Therefore, the Board finds that substantial compliance with previous remand directives has not been met.  Stegall v. West, 11 Vet. App. 268, 271 (1998).

The matters are REMANDED for the following action:

1. Associate any pertinent VA or private medical records that are not already of record with the claims file.

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2. Obtain a medical opinion from a medical examiner who has not previously provided an opinion regarding the nature and etiology of the Veteran's bilateral knee disabilities.  The examiner must review the claims file and should note that review in the report.  A complete rationale should be provided for all opinions made.  The examiner should identify all knee disabilities during the appeal period.  The examiner should opine as to whether it is at least as likely not (50 percent or greater probability) that any bilateral knee disability identified had its onset in service or is otherwise related to service.  The examiner should specifically address the in-service records related to the knees (January 1980 and October 1980) and the Veteran's statements regarding continuity of symptoms since service.  The Board notes that a lack of contemporaneous evidence following separation from service is not a bar to service connection.

 

 

JOHN Z. JONES

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	H. Ahmad

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.