Citation Nr: 21023332 Decision Date: 04/20/21 Archive Date: 04/20/21 DOCKET NO. 13-02 919 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 November 1989 to August 1994. This case is before the Board of Veterans’ Appeals (Board) on appeal from a March 2011 rating decision by a Department of Veterans Affairs (VA) Regional Office. In July 2014, the Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge. A transcript of the hearing has been associated with the claims file. In a November 2019 decision, the Board denied the Veteran’s claims for service connection for a right knee disability. The Veteran appealed the decision to the U.S. Court of Appeals for Veterans Claims (Court). In a November 2020 Joint Motion for Remand, the Court vacated the November 2019 Board decision and remanded this claim for further appellate review. The Board finds that more development is necessary prior to final adjudication of the claim on appeal. The record shows the Veteran’s complaint of bilateral knee pain and stiffness in January 2011. However, the x-ray result for the right knee following the complaint was all normal. Notably, the Veteran underwent VA examinations for knee conditions in March 2012, June 2016, and December 2018. In its November 2019 decision, the Board noted that all of the VA examiners provided a medical diagnosis only for the left knee and none for the right knee as the March 2012 examiner noted that the right knee was entirely normal, the June 2016 examiner noted that the Veteran’s right knee range of motion was all normal without any pain noted on examination and the December 2018 examiner noted that the Veteran’s outside of normal right knee range of motion is considered to be normal for the Veteran for reasons other than a knee condition as the Veteran’s thigh and calf abuts at 125 degrees. However, as noted by the Court in the November 2020 Joint Motion for Remand, the record demonstrates that the Veteran consistently reported right knee pain as reflected by February 2011, July 2012 and February 2013 VA treatment notes, an August 2014 private opinion and the December 2018 VA examination. As a result, there is evidence demonstrating that the Veteran experienced right knee pain and stiffness which resulted in decreased mobility and the ability to perform his normal activities of daily living including kneeling, squatting, sitting, standing, walking and climbing stairs. Notably, the current disability definition for VA compensation purposes is broad and includes functional impairment due to pain. Saunders v. Wilkie, 886 F. 3d 1356, 1367-68 (2018). Here, the noted right knee pain is considered a current disability if manifested by functional impairment. The Board additionally notes that the Veteran’s private doctor S.S. provided an opinion in August 2014 that the Veteran’s left knee disability has exacerbated the right knee disability. However, Dr. S.S. did not provide any findings from a right knee examination or discuss the previous February 2011 x-ray result for the right knee although she had included the x-ray result for the left knee when opining on the Veteran’s left knee disability in the same opinion. As a result, the Board finds that further development is warranted so an examiner can provide an opinion as to whether any current right knee disability was related to service to include being caused or aggravated (made permanently worse) by his service-connected left knee disability. See 38 U.S.C. § 5103A; 38 C.F.R. § 3.159(c) (4). The matters are REMANDED for the following action: 1. The Veteran should be requested to provide the names, addresses and approximate dates of treatment of all medical care providers, VA and non-VA, who have treated him for the disability on appeal. After the Veteran has signed the appropriate releases, those records should be obtained and associated with the claims folder. 2. Schedule the Veteran for a VA examination to determine the etiology of the claimed right knee disability. Based on a review of the record and an examination of the Veteran, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that the Veteran has a current right knee disability and if so, if it is related to any incident of the Veteran’s active duty service. The examiner should also provide an opinion as to whether if it is at least as likely as not (at least a 50 percent probability) that the Veteran has a current right knee disability that is caused or aggravated by his service-connected left knee disability. If the examiner finds that the Veteran has a right knee disability that has been permanently aggravated/worsened by his service-connected left knee disability, to the extent feasible, the degree of worsening should be identified. All opinions expressed by the examiner must be accompanied by a complete rationale. Adequate reasons and bases for any opinion rendered must be provided. All studies deemed appropriate in the medical opinion of the examiner should be performed, and all the findings should be set forth in detail. The claims file should be made available to the examiner, who should review the entire claims folder in conjunction with this examination. 3. After completion of the above and any additional development deemed necessary, the issue on appeal should be reviewed with consideration of all applicable laws and regulations. If any benefit sought remains denied, the Veteran should be furnished a supplemental statement of the case and be afforded the opportunity to respond. Thereafter, the case should be returned to the Board for appellate review, if in order. MICHAEL LANE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board James A. DeFrank, 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.