Citation Nr: 21024828 Decision Date: 04/26/21 Archive Date: 04/26/21 DOCKET NO. 16-07 413 DATE: April 26, 2021 REMANDED Service connection for bilateral knee disability is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1982 to August 1985. In September 2018, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge (VLJ). A transcript of the hearing is of record. A December 2019 Board decision denied service connection for bilateral knee disability. The Veteran appealed that decision to the U.S. Court of Appeals for Veterans Claims (Court). In December 2020, the Court issued an order that vacated the Board’s decision and remanded the matter for adjudication consistent with the December 2020 Joint Motion for Remand (JMR) by the parties. Service connection for bilateral knee disability The December 2020 JMR found the December 2019 Board decision erred in relying on an inadequate August 2019 VA medical opinion that found there was no clear evidence that a chronic knee condition began to develop in service or within a year of discharge, but failed to address the Veteran’s lay statements of knee symptoms starting during service with continued symptoms. The JMR concluded remand was warranted for a new examination or medical opinion. Additionally, the Veteran reported receiving treatment for his knees at the Fayetteville, Arkansas VA Medical Center (VAMC) and Fort Smith, Arkansas outpatient clinic (CBOC). See June 2019 statement. It does not appear VA has obtained these records. The matters are REMANDED for the following action: 1. Obtain treatment records from Fayetteville VAMC and Fort Smith, Arkansas CBOC. 2. After the above records development, obtain an addendum opinion from an appropriate clinician regarding the etiology of the Veteran’s bilateral knee disability. An in-person examination is not required unless deemed necessary by the clinician. (a.) Identify any bilateral knee disability found during the appeal period. (b.) For any knee disability identified, is it at least as likely as not (50 percent or greater probability) the disability began during service or is otherwise related to service? The clinician should discuss the Veteran’s lay statements that knee pain started in 1982 while parachuting, with the continued symptoms of knee pain, locking, and popping. The clinician should consider the Veteran’s lay statements regarding his duties in service, to include repetitive paratrooping and walking, running, and lifting in combat boots and a backpack. See September 2012 VA examination, September 2018 hearing testimony, and June 2019 statement. By this remand, the Board makes no determination, express or implied, concerning the credibility of any lay statements on file. KELLI A. KORDICH Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. Winkler, 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.