Citation Nr: 21007501
Decision Date: 02/09/21	Archive Date: 02/09/21

DOCKET NO. 19-22 031
DATE: February 9, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran served on active duty from March 1966 to March 1968.

This matter is on appeal to the Board of Veterans’ Appeals (Board) from a January 2019 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).  The matter was remanded by the Board in May 2020 and has now returned for appellate review.  In an October 2019 statement, the Veteran revoked power of attorney for a Veterans Service Organization and stated he wanted to represent himself.  

The Veteran asserts his right knee disability is the result of his military service.  In June 2020, after review of the Veteran’s records, an examiner opined that the Veteran’s right knee disability was less likely than not incurred in or caused by the claimed in-service injury.  In supporting the conclusion, the examiner stated that the Veteran’s “[right] knee was pre existing”, noting the Veteran’s report of a pre-service football injury and intermittent swelling and pain since that time.  The examiner offered no further rationale for the opinion and did not address whether military service may have aggravated or worsened the injury beyond natural progression.  Therefore, remand is warranted to obtain an addendum VA opinion.    

The matter is REMANDED for the following action:

The claims file should be sent to an appropriate examiner to address the following: 

(a)	Is there clear and unmistakable evidence that a right knee disability pre-existed the Veteran’s entry into service?  If so, please list the disability as well as the evidence establishing that it pre-existed service. 

(b)	If the opinion is that there is clear and unmistakable evidence that a right knee disability pre-existed service, is there also clear and unmistakable evidence that the disability was not aggravated during service beyond its natural progression?  If so, please list the evidence and provide an explanation.  

(c)	For each current right knee disability, with the exception of any disability for which the answers to (a) and (b) are both “yes,” is it at least as likely as not that the disability onset during service or is related to an in-service event, injury, or disease, to include right knee complaints during service?

In offering the opinion, the examiner is asked to consider the September 1966 treatment reports that reflect the Veteran sought treatment for right knee pain and the treating physician’s impression that the Veteran had a possible meniscus injury.  If the absence of documented treatment for a right knee disability after military service serves as the basis for a negative nexus opinion the examiner should explain the medical significance of the absence of treatment since separation from military service, as well as address the reports by the Veteran that he underwent right knee surgery 2 to 3 years after service.

The need for an examination is left to the discretion of the examiner.  A rationale for all opinions offered is requested as adjudicators are precluded from making any medical findings.  

 

 

Nathan Kroes

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	T. Jarman, 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.