Citation Nr: 21075620
Decision Date: 12/21/21	Archive Date: 12/21/21

DOCKET NO. 16-46 021A
DATE: December 21, 2021

REMANDED

Entitlement to service connection for right knee disability is remanded.

Entitlement to service connection for left knee disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from September 1983 to August 1986.

This matter was previously before the Board of Veterans' Appeals (Board) in March 2020 and July 2021 where the Board remanded the claims in order to obtain VA examinations. 

Entitlement to service connection for right and left knee disability is remanded.

The Board's July 2021 remand instructed to obtain an examination with consideration of the Veteran's lay statements. In August 2021, medical opinions regarding the bilateral knee disabilities were obtained, however, they failed to address the Veteran's lay statements regarding the onset of symptoms as had been previously requested.  

On remand, an addendum opinion should be obtained with full rationale and consideration of the Veteran's lay statements. 

The matters are REMANDED for the following action:

1. Obtain a VA medical opinion to determine the nature and etiology of the Veteran's bilateral knee condition. The claims file should be made available and reviewed by the opinion provider. If deemed necessary, afford the Veteran a VA examination. 

The opinion should address whether it is at least as likely as not (50 percent or greater probability) that the Veteran's bilateral knee disability had its onset during active duty or is otherwise related to the Veteran's service, to include the Veteran's reported in-service fall;

If the right knee disability is found to be related to service, the opinion should also address:

(a.) whether the left knee disability is proximately due to his right knee disability; or

(b.) whether the left knee disability has been aggravated (worsened beyond the natural progression) by his right knee disability.

The examiner is requested to review all pertinent records associated with the claims file, particularly the positive nexus opinion submitted by the Veteran's physician and the Veteran's lay statements regarding the onset and duration of symptoms. (The examiner may assume the credibility of the lay statements for the limited purpose of conducting the examination and providing the medical opinion.) 

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2.  Readjudicate the issues on appeal.

 

MICHAEL E. KILCOYNE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	B. Jaigirdar, 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.