Citation Nr: 21025302 Decision Date: 04/27/21 Archive Date: 04/27/21 DOCKET NO. 15-45 119 DATE: April 27, 2021 REMANDED Entitlement to service connection for a left knee disability is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1997 to December 2001. This matter comes to the Board of Veterans’ Appeals (Board) from a decision of the Agency of Original Jurisdiction (AOJ). In October 2012, the AOJ issued a rating decision that denied the Veteran’s claim for service connection for a left knee disability. The Veteran timely disagreed in a November 2012 Notice of Disagreement (NOD) and perfected her appeal in a September 2016 VA Form 9. In October 2019, a Board hearing was conducted. The hearing transcript has been associated with the Veteran’s file. Then, in January 2020, the Board denied the Veteran’s claim for service-connection for a left knee disability. Later that year, the Veteran appealed the Board decision to the Court of Appeals for Veterans Claims (CAVC). In December 2020, the CAVC granted a Joint Motion for Partial Remand (JMR) vacating the portion of the Board’s January 2020 decision that denied the Veteran’s left knee disability claim. The parties before CAVC found the September 2012 medical opinion the Board relied on was inadequate to decide the claim. So, the issue of entitlement to service connection for left knee disability was returned to the Board for readjudication. In October 2020 the Veteran’s case was returned to the Board. 1. Entitlement to service connection for a left knee disability is remanded. The Veteran’s claim must be remanded for a new medical opinion before the Board is able to decide on the merits. As noted above, the JMR found the September 2012 VA medical opinion was inadequate to decide that claim as the examiner who prepared that medical opinion did not consider all of the lay evidence of record. Also, the examiner did not adequately explain why the Veteran’s left knee disability is not related to her service. Because the JMR found the September 2012 VA medical opinion was inadequate to decide the claim, it also found that the Board erred by relying on that opinion to deny the Veteran’s left knee disability claim. Considering there is no other medical opinion that is adequate to decide the claim, the Board must remand the claim for a new medical opinion. Although the record reflects that she underwent another disability examination for her knees in July 2020, the examiner noted his evaluation was focused on the right knee only. See VA Disability Benefits Questionnaire (DBQ) at 24. Thus, this examination is not adequate to address the claim for service connection for her left knee. The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA examination for her left knee disability. The examiner must review the claims file. If a diagnosis cannot be provided but the Veteran’s condition manifests in symptoms that cause functional impairment, then the examiner should consider them a “disability” for the purpose of providing the requested opinion(s) below. The examiner is asked to provide a response to the following: a. Is the Veteran’s left knee disability at least as likely as not (50 percent or greater probability) related to her service? b. Is it at least as likely as not (50 percent or greater probability) that the Veteran’s left knee disability (1) began during active service, (2) manifested within one year from leaving service? c. Is it at least as likely as not (50 percent or greater probability) that the Veteran’s left knee disability (1) began during service, (2) was noted during service, and (3) she has manifested continuous symptoms of a left knee disability since service? Provide a rationale to support the opinion(s). The examiner, in coming to his or her conclusion, is asked to comment on the following: i. Discuss the September 1998 service treatment record noting complaints of left knee pain that had lasted for three weeks. ii. Consider the Veteran’s testimony that she visited sick-call for complaints of knee problems more times than is reflected in the record. iii. Address the Veteran’s testimony that she observed knee pains during service. She associates her duties that included walking and running while carrying heavy objects. iv. Address, the Veteran’s testimony that she sought medical attention for knee pains shortly after leaving service. She separated from service in December 2001 and testified she sought medical attention in 2002 or 2003. In providing the requested opinion, consider the Veteran’s description of her in-service injury and symptoms as well as her post-service symptoms. If there is any medical reason to accept or reject the proposition that the Veteran’s reported injury and symptoms in service and thereafter represented the onset of her current disability, this should be noted. DAVID L. WIGHT Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Dean, Michael S. 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.