Citation Nr: 21010256
Decision Date: 02/24/21	Archive Date: 02/24/21

DOCKET NO. 16-45 133
DATE: February 24, 2021

REMANDED

Entitlement to service connection for left knee condition is remanded.

Entitlement to service connection for low back condition is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 1973 to June 1976. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a February 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). 

In March 2019, the Veteran testified at a Board video conference hearing before the undersigned Veterans Law Judge.  A transcript of this hearing is of record. 

This matter was last before the Board in September 2020, when it was remanded for further development.

1. Entitlement to service connection for left knee condition is remanded. 

2. Entitlement to service connection for low back condition is remanded. 

The Veteran contends that his gait disturbance and favoring of his right leg has either caused or worsened his left knee and low back disabilities. A May 2009 treating physician notes that putting increase weight on the left knee is associated with increased risk of osteoarthritis.  The physician also noted that the Veteran has had abnormal gait for many years and that this contributes to some mechanical   low back pain as well.  In August 2013, a VA examiner noted that the Veteran ambulated with a cane and has had issues for the last 35 years with pain and ambulation.  The examiner stated that “such painful ambulation/imbalance gait, then causes various joints to bear weight and shift weight differently”.

In accordance with the October 2019 remand directives, a VA opinion was obtained in September 2020.  Nevertheless, that opinion is not fully responsive to the remand directives.  Specifically, the examiner did not provide adequate rationale for the conclusions drawn.  The Board regrets the additional delay but finds that a remand is warranted for substantial compliance with its prior remand. See Stegall v. West, 11 Vet. App. 268, 271 (1998).

The matters are REMANDED for the following action:

1. Obtain an opinion from an appropriate VA examiner concerning the claim for service connection for low back and left knee conditions. If a new examination is deemed necessary to respond to the question presented, one should be scheduled. Following review of the claims   file, the examiner should address the following:

(a.) Whether it is at least as likely as not (50 percent probability or greater) that the Veteran’s left knee disability and his low back disability were caused by the service-connected right       knee and/or right hip disability, to include gait disturbance and to include having to compensate for right knee pain when weight bearing. The examiner should explain why or why not.

(b.) Whether is it at least as likely as not that       the Veteran’s back and left knee disabilities has been worsened beyond the normal progression (aggravated) by the service-connected right knee and/or right hip disabilities, to include any gait disturbance and to include having to compensate for right knee pain when weight bearing?  Please explain why or why not.

2. If the claim remains denied, issue a supplemental statement of the case.

 

 

K. A. BANFIELD

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Asare, 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.