Citation Nr: 21008683
Decision Date: 02/17/21	Archive Date: 02/17/21

DOCKET NO. 15-09 383
DATE: February 17, 2021

REMANDED

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

REASONS FOR REMAND

In November 2018, the Board found new and material evidence had not been received to reopen the Veteran’s left knee service connection claim.  He appealed to the United States Court of Appeals for Veterans Claims (Court).  In a May 2020 memorandum decision, the Court reversed the Board’s finding that new and material evidence had not been submitted, and remanded the matter for the Board to reopen the claim and address it on its merits.  

A remand is necessary to fully adjudicate the Veteran’s claim on its merits.  While he has received VA examinations that considered whether his left knee disability was directly related to service, he has not received an examination that considered if his left knee disability was caused by or aggravated by his service-connected right knee disability, as he asserted to the April 2014 VA examiner.  Therefore, a new VA opinion that considers secondary service connection is needed. 

The matters are REMANDED for the following action:

1. Return the Veteran’s claims file to the examiner who conducted the August 2014 VA examination a supplemental opinion may be provided.  If that examiner is no longer available, provide the Veteran’s claims file to a similarly qualified clinician.  The entire claims file and a copy of this remand must be made available to the examiner for review.  A new examination is only required if deemed necessary by the examiner.  

The examiner must opine as to the following:

a.) Whether it is at least as likely as not (50 percent or greater probability) that the Veteran’s left knee disability was proximately due to or the result of his service connected right knee disability.

b.) Whether it is at least as likely as not that the Veteran’s left knee disability was aggravated beyond its natural progression by his service-connected right knee disability. 

The examiner must provide all findings, along with a complete rationale for his or her opinion(s) in the examination report.  If any of the above requested opinions cannot be made without resort to speculation, the examiner must state this and provide a rationale for such conclusion.

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2. Then, readjudicate the claim.  If any decision is adverse to the Veteran, issue a Supplemental Statement of the Case and allow the applicable time for response.  Then return the case to the Board.

 

 

D. Martz Ames

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	R. Brunot, 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.