Citation Nr: 21021722
Decision Date: 04/13/21	Archive Date: 04/13/21

DOCKET NO. 16-06 497
DATE: April 13, 2021

REMANDED

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

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

REASONS FOR REMAND

The Veteran served on active duty from August 1985 to August 1993.  This matter comes before the Board of Veterans’ Appeals (Board) from a May 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

The case was last before the Board in June 2020 and has returned to the Board for further appellate review.

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

2. Entitlement to service connection for a right knee disability is remanded.

The Veteran was afforded a VA examination in November 2020.  At the examination, the Veteran endorsed bilateral knee pain since service.  The VA examiner opined that the Veteran’s bilateral knee disability was less likely than not incurred in or caused by service.  The examiner explained that the Veteran’s separation examination had no mention of any knee issues and the Veteran’s complaint of left knee pain in 2016 occurred twenty-three years after his discharge from service.  This opinion is inadequate because its sole rationale is a lack of medical records and fails to address the Veteran’s lay statements.  The Veteran is competent to report knee pain since service.

The matters are REMANDED for the following actions:

1. Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran’s bilateral knee disabilities are at least as likely as not related to his in-service parachute jumps.  In rendering the opinion, the VA examiner may not solely rely on a lack of medical records for the opinion.  He or she must address the Veteran’s lay statements regarding knee pain since service following parachute jumps.  If an opinion cannot be provided without an examination, the VA examiner should be scheduled for such. 

2. After the above development, and any additionally indicated development, has been completed, readjudicate the issues on appeal.  If the benefits sought are not granted to the Veteran’s satisfaction, send the Veteran and his representative a Supplemental Statement of the Case and provide an opportunity to respond.  If necessary, return the case to the Board for further appellate review.

 

R.R. WATKINS

Acting Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Lance, 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.