Citation Nr: 21023198
Decision Date: 04/20/21	Archive Date: 04/20/21

DOCKET NO. 15-33 412
DATE: April 20, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran served on active duty from February 1989 to January 1993, November 2002 to March 2003, November 2004 to October 2005, January 2006 to March 2007, and from October 2008 to October 2009. 

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2013 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). This issue was previously before the Board in March 2019, at which time it was remanded for additional development. Another remand is needed before the Board can adjudicate his claim.

In November 2019, the Veteran underwent a VA examination where he was diagnosed with a right knee strain. The examiner provided a negative nexus opinion, concluding that based on medical records, assessment findings, inconsistent story lines from chart and the Veteran’s statements, it was less likely than not that the Veteran’s current right knee pain was caused by an in-service injury. In support of this conclusion, the examiner stated that the Veteran’s right knee pain was an acute injury based on negative x-rays, a negative MRI, numerous records in the chart that showed full range of motion, and the assessment from the Veteran’s VA examination.  

Since that examination, the Veteran has argued that his right knee disability is secondary to his service-connected left knee meniscus degeneration.  See March 2021 appellate brief.  Remand is therefore needed to obtain a VA examiner’s opinion that addresses this theory of entitlement.

The matter is REMANDED for the following action:

1. Obtain addendum opinions from an appropriate clinician on the likely etiology of the Veteran’s diagnosed right knee strain. Following a review of the claims file, including the medical and lay evidence of record, the examiner should answer the following questions:

Is it at least as likely as not (i.e., 50 percent or higher probability) that the Veteran’s diagnosed right knee strain is (i) caused or (ii) aggravated (defined as any increase in disability) by his service-connected left knee meniscus degeneration?

The examiner is asked to provide a complete rationale for all opinions rendered.

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2. Confirm that the VA medical opinions provided comport with this remand, specifically that the standard for the secondary aggravation opinion is any increase in disability, not the standard of beyond the natural progression as noted on the examination form itself. If not, get an addendum opinion.

 

 

Jack S. Komperda

Acting Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Krista Johnson, 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.