Citation Nr: 21008544 Decision Date: 02/17/21 Archive Date: 02/17/21 DOCKET NO. 17-36 806 DATE: February 17, 2021 REMANDED Entitlement to service connection for a bilateral knee condition is remanded. REASONS FOR REMAND The Veteran had active duty service with the United States Army from August 1997 to August 2000. This case comes before the Board of Veteran’s Appeals (Board) on appeal from a December 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In October 2019, the Veteran had a Board hearing before the undersigned Veterans Law Judge (VLJ). A transcript of that hearing is of record. A December 2019 Board decision reopened the previously denied claim, and remanded the underlying claim on the merits for further development and adjudication. It is now returned to the Board. During the pendency of the remand, the RO granted entitlement to service connection for a bilateral foot condition and a low/middle back condition; therefore, these issues are no longer on appeal. See August 2020 rating decision. Unfortunately, the January 2020 VA contract examination secured on remand is not adequate for adjudication. The examiner made contradictory statements, finding the Veteran had a current diagnosis of left and right knee strains, but also saying all conditions were resolved. She stated there was no impairment with repetitive use, or repetitive use over time, but also stated that the Veteran’s reports of actual functional impairment were consistent with the examination. Finally, she applied an incorrect standard of proof, relying on a lack of “chronicity of care” rather than chronicity and continuity of the competent and credible complaints. VA must provide an examination that is adequate for rating purposes. Barr v. Nicholson, 21 Vet. App. 303 (2007). The matters are REMANDED for the following action: 1. Associate with the claims file updated VA treatment records. 2. Schedule the Veteran for a VA knee examination; the claims folder must be reviewed in conjunction with the examination. The examiner must identify all current disorders and conditions of the left and right knees. The examiner is reminded that even in the absence of a current diagnosed pathological condition, the presence of functional impairment can constitute a disability. For each identified disability, the examiner must opine as to whether it is at least as likely as not caused or aggravated by service. The fact of injury in service due to repeated parachute jumps is established, and treatment in service is documented. The examiner must also discuss the competent and credible reports of knee pain and swelling since service, and explain, if possible, the normal x-rays of January 2020 in relation to the Veteran’s complaints. 3. Then, readjudicate the claims on appeal. If any benefit sought remains denied, issue a supplemental statement of the case and, after appropriate time for response, return the matter to the Board if otherwise in order. WILLIAM H. DONNELLY Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Baxter 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.