Citation Nr: 21013267 Decision Date: 03/09/21 Archive Date: 03/09/21 DOCKET NO. 16-27 496A DATE: March 9, 2021 REMANDED Entitlement to service connection for a right knee disability is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1965 to September 1968. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2013 rating decision by the Department of Veterans Affairs (VA). This case was remanded in February 2019 and August 2020 for further development. In June 2017, the Veteran testified at a hearing before a Decision Review Officer (DRO) at the Agency of Original Jurisdiction (AOJ); a transcript of that hearing is of record. Since the last Board remand, the issue of entitlement to service connection for an ear disability was granted. See January 2021 rating decision. Because that decision represents a full grant of the benefit sought, the issue is no longer on appeal. Entitlement to service connection for a right knee disability. Upon his entrance to service, the Veteran reported “trick” knees from an automobile accident, see August 1965 entrance report of history, but his medical examination was normal. See August 1965 entrance medical examination. He testified that he fell off a ladder and hurt his right knee, and that his military occupational specialty as a boatswain mate required many duties on his knees grinding and painting decks. See June 2017 AOJ hearing. He continued to have pain after he fell off the ladder and it was always a problem over the years. See June 2013 notice of disagreement (NOD). Private treatment records reflect that the Veteran was diagnosed with right knee degenerative arthritis with chondromalacia patellae and medial meniscal tear prior to an arthroscopic surgery. See January 2007 private treatment records. However, a November 2020 VA examiner only diagnosed knee strain. The examiner opined it was less likely than not that the disability was related to the Veteran’s service. In support of her opinion, the examiner relied on the absence of objective medical evidence of chronicity of care and dismissed the Veteran’s lay statements as subjective. Because the examiner relied on the absence of medical evidence in her opinion and did not discuss whether the Veteran has degenerative arthritis, the examination is inadequate, and remand is necessary. The matters are REMANDED for the following action: 1. The AOJ should obtain copies of VA treatment records from January 2021 to the present. 2. After the above development is completed, the AOJ should arrange for a VA examination of the Veteran to determine the nature and likely cause of any right knee disability. The examiner should review the claim file (including this remand) and note such review was conducted. Based on review of the record and examination of the Veteran, the examiner should provide an opinion with detailed rationale that responds to the following: (a.) Please identify, by diagnosis, all right knee disabilities present during the appeal period (from February 2012). The examiner should discuss whether the Veteran has degenerative arthritis, as noted in private treatment records prior to the appeal period. (b.) For each right knee disability diagnosed, is it at least as likely as not (50% or greater probability) that such disability was either incurred in or otherwise related to the Veteran’s military service? Please explain why. The examiner must discuss the Veteran’s lay reports that his knee hurt since his fall in service. The examiner may not rely solely on the absence of objective evidence. 3. If upon completion of the above action the issue remains denied, the case should be returned to the Board after compliance with appellate procedures. E. I. VELEZ Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Sandler, 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.