Citation Nr: 21012781
Decision Date: 03/05/21	Archive Date: 03/05/21

DOCKET NO. 14-38 636A
DATE: March 5, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran had active service in the Navy from November 2000 to November 2005.

The appeal originates from an August 2013 decision of a Department of Veterans Affairs (VA) Regional Office.

The Veteran appeared for a hearing before the undersigned in January 2018.

In June 2018, the Board remanded the issue of service connection for a bilateral foot disorder.  An August 2020 rating decision granted service connection for bilateral pes planus. The issue is thereby no longer before the Board.

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

The matter was remanded in June 2018 for an etiology opinion regarding the Veteran’s left knee strain (diagnosed in a November 2012 VA examination), which was obtained in August 2019.  Though the examiner opined that left knee strain is less likely as not related to service, the rationale was based on the validity of the diagnosis, stating that the medical records, examination, and X-ray did not show evidence of a left knee condition.  Following the examination, VA treatment records show that the Veteran was seen for knee pain in October 2020 and reported pain in the kneecaps, trouble squatting, and use of knee sleeves.  She was diagnosed with chronic knee pain.

The Board notes that pain resulting in functional impairment of earning capacity may constitute a current disability for VA purposes.  See Saunders v. Wilkie, 886 F.3d 1356 (Fed. Cir. 2018).  As there appears to be new evidence that may establish a current disability, the Veteran should be afforded another VA examination.

The matter is REMANDED for the following action:

Schedule the Veteran for a knee examination.  The examiner is asked to address the following:

1. Identify/diagnose any left knee disorder that exists or has existed during the appeal period. Such must include discussion of and specify whether the Veteran has had functional impairment due to the left knee.  

2. If a disorder or functional impairment of the left knee is not identified, this finding should be reconciled with earlier records showing left knee strain and records as recent as October 2020 indicating complaints and diagnosis of knee pain.

3. For any left knee disorder, to include functional impairment, is it at least as likely as not that the disorder had its onset in or is otherwise etiologically related to active service?

 

 

MICHAEL A. HERMAN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Alhinnawi

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.