Citation Nr: 21076580
Decision Date: 12/27/21	Archive Date: 12/27/21

DOCKET NO. 15-04 126A
DATE: December 27, 2021

REMANDED

Entitlement to service connection for a bilateral knee disorder is remanded.

REASONS FOR REMAND

The Veteran served on active duty from October 1978 to February 1981.

In September 2020 the Board of Veterans' Appeals (Board) issued a decision that denied entitlement to service connection for a bilateral knee disorder. The Veteran appealed the Board's decision to the Court of Appeals for Veterans Claims (Court). In a July 2021 order, the Court granted a Joint Motion for Remand and vacated the Board's decision. The matter returns to the Board for further action consistent with the Joint Motion for Remand.

 

1. Entitlement to service connection for a bilateral knee disorder is remanded.

The July 2021 Joint Motion for Remand (JMR) specifically requested for the Board to ensure the Veteran "is afforded a new medical examination which addresses his lay statements regarding the onset and in-service treatment for his bilateral knee disabilities, and provide an adequate statement of reasons or bases, to include a credibility assessment to determine whether entitlement to service connection is warranted." See Joint Motion for Remand, dated July 16, 2021.

The Board notes that the November 2019 examiner opined that "There is a lack of complaints, diagnosis, or treatment for knee conditions during service. Complaints for knee pain in records are not until more than 20 years after service." However, this is contrary to the Veteran's statement that he sought treatment during service. 

Remand is warranted for a new medical opinion that includes consideration of the Veteran's statements regarding treatment while in service.

The matters are REMANDED for the following action:

1. Return the Veteran's file to a new VA examiner for a new examination to determine the etiology of the Veteran's bilateral knee disorder. The claims file must be made available to the examiner for review. The examiner must provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that the Veteran's bilateral knee disorder is directly related to service.

(a.) The examiner must address the Veteran's lay statements that he received treatment for his knees while in service. Specifically, the Veteran asserted that he sought treatment for his knee disabilities during service but was told to "pony up."  The Board makes no determination as to credibility.

A rationale for all opinions expressed should be provided.

 

 

H. N. SCHWARTZ

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Jonah Nelson, 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.