Citation Nr: 21022355
Decision Date: 04/15/21	Archive Date: 04/15/21

DOCKET NO. 12-05 400
DATE: April 15, 2021

REMANDED

Service connection for right knee disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from March 1968 to March 1971, including service in the Republic of Vietnam.

This matter comes to the Board of Veterans’ Appeals (Board) on appeal from an April 2010 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO), which granted service connection for left arm scar and denied service connection for posttraumatic stress disorder, paresthesias of the left arm claimed as left arm condition, and right knee condition.  The Veteran appealed these denials of service connection in a notice of disagreement later that month.  The RO issued a statement of the case in March 2012 and the Veteran perfected his appeal with a March 2012 VA Form 9.

In an April 2010 rating decision, the RO granted denied service connection for a right knee disability.  The Veteran testified at a video conference hearing before the undersigned Veterans Law Judge in July 2016.  In November 2016, July 2018 and March 2020 decisions, the Board remanded the issue for further development.

Service connection for right knee disability is remanded.

Unfortunately, another remand is necessary in this case.

The March 2020 remand instructed the agency of original jurisdiction to schedule the Veteran for a knee examination and provide a medical opinion as to whether any right knee disability found either began in service or was casually linked to his active duty service.  In so doing, the Board noted that the Veteran’s service treatment records document a fall in July 1970, and, although the records show treatment only for a left arm injury resulting from this fall, the Veteran’s reports of a right knee injury also resulting from this fall were found to be credible.  However, in accompanying rationale to the December 2020 negative opinion, the examiner confusingly stated that a previous injury could predispose the Veteran’s right knee to degenerative lateral meniscal tears, chondromalacia, and instability.  As the Board found the Veteran’s reports of an in-service injury to be credible, the opinion’s failure to address whether that specific injury predisposed the Veteran to any of these diagnosed right knee conditions renders this opinion inadequate.

The matters are REMANDED for the following action:

Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran’s right knee disability is at least as likely as not related to his active duty military service, to include his reported July 1970 right knee injury.  

As the December 2020 opinion noted that a previous injury could predispose the Veteran’s right knee to degenerative lateral meniscal tears, chondromalacia, and instability, the addendum opinion should specifically address whether the Veteran’s reported July 1970 right knee injury predisposed him to or is otherwise causally linked to any of his current right knee conditions.

Finally, readjudicate the claim on appeal.  If any benefit sought on appeal remains denied, then furnish the Veteran and his representative with a supplemental statement of the case and allow them an opportunity to respond.

 

 

M. HYLAND

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	B. Houbeck

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.