Citation Nr: 21028233
Decision Date: 05/10/21	Archive Date: 05/10/21

DOCKET NO. 16-39 376
DATE: May 10, 2021

REMANDED

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

REASONS FOR REMAND

The appellant is a Veteran who served on active duty from May 1983 to February 1989.  

This matter comes before the Board of Veterans' Appeals (Board) by order of the United States Court of Appeals for Veterans Claims (hereinafter "the Court") in September 2020, which granted a joint motion for partial remand (JMPR) vacating a February 2020 Board decision and remanding the issue on appeal for additional development.  The matter initially arose from a February 2015 rating decision by the Atlanta, Georgia, Regional Office (RO) of the Department of Veterans Affairs (VA).

In its September 2020 order granting the JMPR, the Parties agreed that the Board had erred in its reliance upon an August 2019 VA examination. It was found that the opinion was not based on full consideration of the Veteran's medical history or her lay statements.  The parties also noted that the examiner had failed to consider a July 2013 private treatment record noting "[c]repitus both knees" and "[o]steoarthritis multiple joints" and an April 2019 statement wherein the Veteran reported that she experienced "major pain" in her knees and that "[t]he running on the grinder and constant walking that was required in my job as an Ocean systems Technical Analyst contributed to the continued pain."  Therefore, an additional VA medical opinion is required for an adequate determination.

The matters are REMANDED for the following action:

Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran has a right knee disability that is at least as likely as not related to service, including as a result of running and walking in her duties during active service.  The Veteran's lay history must be discussed. The examiner must also acknowledge and discuss the July 2013 private treatment report and the Veteran's April 2019, statement.  

 

 

MICHAEL A. HERMAN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Douglas

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.