Citation Nr: 21007617
Decision Date: 02/10/21	Archive Date: 02/10/21

DOCKET NO. 16-00 729
DATE: February 10, 2021

REMANDED

Service connection for a right knee disorder is remanded.

REASONS FOR REMAND

The Veteran had active duty service from January 1988 to June 1991. The matter comes before the Board of Veterans’ Appeals (Board) on appeal from a May 2013 rating decision.

The Board finds that the matter must be remanded for an addendum medical opinion. In March 2012, after examination, a VA examiner concluded the Veteran’s current right knee disorder was unrelated to service. In support of his opinion, the examiner noted that the Veteran “underwent pregnancy and child rearing without any evidence of knee injury.” He also relied on a post-service MRI, which showed that “The only area of abnormality is the posterior horn of the lateral meniscus,” while “her in-military pain was medial not lateral.” 

The Veteran contends, however, that she was on bed rest toward the end of her pregnancy in service due to, in part, her knee injury and September 1990 service treatment records state “patient was noted to have a combination of early and variable decelerations with variable deceleration accompanied by a leg component.” Further, it appears the VA examiner only relied on the June 2011 MRI results. MRI results from October 2007 show a large tear in the medial meniscus as well as a partial tear in the posterior horn of the lateral meniscus. Additionally, a January 2016 MRI shows degeneration and tear of the posterior horn of the medial meniscus. A February 2016 record also shows a diagnosis of early degenerative arthritis. Because the VA medical opinion was, in part, based on an inaccurate factual history, the Board finds that a remand for an addendum opinion is necessary. 

The matters are REMANDED for the following action:

Forward the Veteran’s claims file to the VA examiner who conducted the March 2012 examination, or another appropriate examiner if he is unavailable. An in-person examination is unnecessary unless determined otherwise by the examiner. After a review of the claims file the examiner should respond to the following:

Is it at least as likely as not that the Veteran’s right knee disorder(s), to include arthritis and medial meniscus tear, began in or are otherwise related to service?

The examiner should consider the following evidence: 

•	the January 1988 service treatment record (page 4) documenting right knee pain and x-ray (page 45); 

•	the September 1990 service treatment record (page 137) documenting the Veteran’s pregnancy complications including a “leg component” accompanying the early and variable decelerations of the fetal heart rate (she testified she was placed on bed rest because of knee pain); 

•	the November 2004 VA treatment record documenting right knee complaints and references to the in-service injury; and 

•	the October 2007, June 2011, and January 2016 VA MRIs. 

 

 

MICHELLE L. KANE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Lavan, 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.