Citation Nr: 21025529
Decision Date: 04/28/21	Archive Date: 04/28/21

DOCKET NO. 18-30 863
DATE: April 28, 2021

REMANDED

Entitlement to service connection for residuals of a left knee injury is remanded.

REASONS FOR REMAND

The Veteran served on active duty from May 1968 to December 1970. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2018 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The claim was most recently before the Board in January 2021 when it was remanded for further development. There has not been substantial compliance with the remand directives and another remand is required. Stegall v. West, 11 Vet. App. 268 (1998).

The Veteran contends his left knee disability is related to his active duty service, to include falling from an aircraft wing.  

In January 2021, the Board remanded the Veteran’s claim for an addendum opinion to clarify the Veteran’s left knee diagnosis and provide a medical nexus opinion.  VA provided an updated medical opinion in February 2021, at which time the examiner noted the Veteran’s diagnosis of a left knee strain which he opined was less likely than not related to active duty service.  The examiner reasoned, in part, that there was no evidence the Veteran sustained a left knee injury while in service. However, an August 1969 notation in the Veteran’s service treatment records (STRs) indicate he sought medical treatment for his left knee after falling from an aircraft wing.  Remand is necessary to obtain a new opinion that accurately considers the entire record and fully addresses the Veteran’s contentions.  

The matter is REMANDED for the following action:

Forward the claims file to an appropriate clinician to determine whether any left knee disability diagnosed during the appeal had its onset in or is otherwise related to the Veteran’s active duty service.  If the examiner determines that an additional in-person examination is required, one should be scheduled. Please note, if the examiner deems it reasonable, an alternate format such as telehealth interview is acceptable.

Following review of the claims file and, if indicated, examination of the Veteran, the examiner should opine whether it is at least as likely as not (50 percent or greater probability) that the left knee disability began in or is otherwise caused by the Veteran’s active service, to include falling from an aircraft in August 1969.

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All findings must be reported in detail and all opinions must be accompanied by a clear rationale.  If any of the above issues cannot be resolved without resorting to speculation, then a detailed medical explanation as to why this is so must be provided.

 

 

J. Komperda

Acting Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Zachery S.C. Luce, 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.