Citation Nr: 21075808
Decision Date: 12/21/21	Archive Date: 12/21/21

DOCKET NO. 16-28 418
DATE: December 21, 2021

REMANDED

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

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

REASONS FOR REMAND

The Veteran had active service from December 1981 to November 1983.

1. Service connection for a right knee disability is remanded.

2. Service connection for a left knee disability is remanded.

Although the Board regrets the additional delay, an addendum opinion must be obtained. The October 2021 opinion addressed the Veteran's contentions about the effects on the knees when running on concrete.  Specifically, the clinician stated, running on concrete contributes to injury as the shock goes to your knees as it is not absorbed in a more forgiving surface. This over time can lead to an injury or strain. The use of equivocal language such as "could" or "may have" can render an opinion speculative. See Bastian v. West, 11 Vet. App. 124, 127-128 (2006). To be adequate for the purposes of a service connection claim, an opinion may not be speculative in nature. See e.g., McLendon v. Nicholson, 20 Vet. App. 79, 84 (2006); Bloom v. West, 12 Vet. App. 185, 187 (1999). Moreover, medical opinions must also contain not only clear conclusions, but also a reasoned medical explanation for the bases of these conclusions. See e.g., Nieves-Rodriguez, 22 Vet. App. at 301. The etiology of the Veteran's bilateral knee condition is unclear based on the above opinion.

The matters are REMANDED for the following action:

Obtain a VA addendum to the October 2021 opinion from an appropriate clinician to determine the etiology of the Veteran's bilateral knee disabilities. If a VA examination is necessary to make a determination, please schedule one. The examiner must review the claims file, to include this Remand.

The examiner should state whether the Veteran's current left and/or right knee disability is at least as likely as not related to service, including running on concrete in service?  

The examiner should consider any lay statements provided by the Veteran. A complete rationale should be provided.

 

 

A. J. Spector

Veterans Law Judge

Board of Veterans' Appeals

R. Erdheim, Attorney for the Board	Department of Veterans Affairs

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.