Citation Nr: 21010254
Decision Date: 02/24/21	Archive Date: 02/24/21

DOCKET NO. 14-25 654
DATE: February 24, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran had active duty service from October 1995 to February 1999, August 2004 to June 2006, and April 2009 to June 2010.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a December 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Salt Lake City, Utah. 

The Veteran testified at a hearing before the undersigned Veterans Law Judge in September 2015.  A transcript of the hearing has been associated with the claims file.

This matter was previously before the Board in November 2016 and in May 2018 when it was remanded for additional development. Unfortunately, the Board finds that further remand is needed to ensure substantial compliance with the May 2018 remand request. Stegall v. West, 11 Vet. App. 268 (1998).

In its 2018 Remand, the Board asked for an addendum opinion to identify the medical cause of the Veteran’s left knee complaints and dysfunction as reflected in a June 2017 VA examination report; and then an opinion addressing whether this was a result of an in-service disease or injury, including the rigors of parachute training.

In the June 2018 addendum opinion, the reviewer merely wrote there was no documented evidence of a chronic left knee condition or documented continued treatment for the left knee, and that the Veteran’s left knee condition was “less likely as not incurred in or caused by military service (to include MOS, and ‘rigors of parachute training’).” Since the opinion did not meaningfully respond to the Remand requests, the matter must be remanded for a clarifying opinion.

The matter is REMANDED for the following actions:

1. Obtain an opinion from an appropriate VA examiner that identifies the cause/diagnosis responsible for the Veteran’s left knee complaints/dysfunction (e.g., arthritis, strain, etc.) 

For each diagnosis/cause identified, the reviewer should express an opinion as to whether it is due to an in-service disease or injury, to include the rigors of airborne training.   

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If it is necessary to examine the Veteran to obtain the requested opinion, that should be arranged.  

A complete rationale should be provided for the opinions expressed.  For the limited purpose of providing the opinion/conducting an examination, the reviewer should assume credibility of lay statements.

 

 

MICHAEL E. KILCOYNE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D. Christian, Associate Attorney

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.