Citation Nr: 21028236
Decision Date: 05/10/21	Archive Date: 05/10/21

DOCKET NO. 17-03 645
DATE: May 10, 2021

REMANDED

Entitlement to service connection for a left knee condition is remanded.

Entitlement to service connection for a right knee condition, secondary to a left knee condition, is remanded. 

REASONS FOR REMAND

The Veteran served on active duty in the army from October 1980 to October 1983. 

This case comes before the Board of Veterans' Appeals (Board) on appeal from an August 2014 rating decision, issued by a Department of Veterans Affairs (VA) Regional Office (RO). 

As a matter of procedural background, this appeal previously came before the Board in January 2021, at which time it remanded the claim for additional addendum opinions regarding both knee conditions. Unfortunately, the Board finds that additional development is needed as VA did not substantially comply with the January 2021 Board remand. Stegall v. West, 11 Vet. App. 268, 271 (1998). 

1. Entitlement to service for a left knee condition is remanded.

2. Entitlement to service connection for a right knee condition secondary to a left knee condition, is remanded.

Unfortunately, the Board finds that its January 2021 remand has not been substantially complied with. Specifically, the examiner was asked to address complaints of knee pain in the Veteran's service treatment records. 

The Board notes that the Veteran's service treatment records include several complaints relating to left or right knee pain. In November 1980, he complained of bilateral knee pain and was diagnosed with shin splints. In February 1981, he complained of left knee soreness, swelling and stiffness. At his October 1983 separation examination, the Veteran endorsed swollen or painful joints, cramps in his legs, broken bones, arthritis, rheumatism, or bursitis. At his separation exam, the examining physician listed a complaint of left knee pain due to changes in the weather. 

The February 2021 examiner correctly addressed the Veteran's November 1980 complaint of knee pain while in-service. However, the examiner erroneously stated that the Veteran "served an additional three years without further complaints of either knee". Moreover, the examiner concluded that the "separation exam was negative for knee or leg conditions, right or left". The Board finds this opinion to be inadequate, as the examiner did not review or discuss the Veteran's in-service complaints of left knee pain in February 1981 or at his separation examination in October 1983. 

Therefore, the examination is inadequate, and the Veteran should be provided an addendum opinion to determine the etiology of his left and right knee disorders. 

The matters are REMANDED for the following action:

1. Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran's left knee condition is at least as likely as not related to an in-service injury, event, or disease. 

The examiner must discuss the following complaints of knee pain in the Veteran's service treatment records: November 1980, February 1981 and his separation examination in October 1983. 

2. The addendum opinion should also determine the nature and etiology of the Veteran's right knee condition. The examiner must opine whether it is at least as likely as not related to an in-service injury, event or disease, including as secondary to the Veteran's left knee condition. 

 

 

B.T. KNOPE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. McDonald