Citation Nr: 21029150
Decision Date: 05/12/21	Archive Date: 05/12/21

DOCKET NO. 18-28 390
DATE: May 12, 2021

REMANDED

Entitlement to service connection for degenerative changes of the right knee is remanded.

Entitlement to service connection for degenerative changes of the left knee is remanded.

REASONS FOR REMAND

The Veteran served on active duty from March 1977 top June 1987.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a January 2017 rating decision of a U.S. Department of Veterans Affairs (VA) Regional Office (RO) in Oakland, California.

The Veteran's claims were most recently before the Board in November 2019 wherein the Board reopened the claim for service connection for the right knee but denied the underlying claims for service connection. Thereafter, the Veteran appealed the denial of his claims for service connection to the United States Court of Appeals for Veterans Claims (Court). In January 2021, through a Joint Motion for Partial Remand (JMPR), the Court remanded the claims for service connection to the Board for additional development. The claims have now returned to the Board. 

The Board notes that the Veteran has several claims pending at various stages at the RO under the Appeals Modernization Act (AMA), which the Board does not have the jurisdiction to address. Should the Veteran have any questions or issues with those claims, he and/or his representative should contact the RO. 

1. Entitlement to service connection for degenerative changes of the right knee is remanded.

2. Entitlement to service connection for degenerative changes of the left knee is remanded.

As directed in the JMPR, a remand was required for the Board to address the arguments raised in the May 2018 Substantive Appeal and the September 2019 letter. Essentially, that the Veteran's service-connected deep vein thrombosis (DVT) altered his gait, which in turn, caused or aggravated his knee conditions. In reviewing the Board decision, the decision contains no discussion of this theory of service connection. The Veteran also asserts that because the DVT is on the right side and affected his right knee, his left knee condition was caused or aggravated by his right knee. 

Given this, a remand is required to obtain a medical opinion as to whether the Veteran's knee conditions are related to his service-connected DVT, due to an altered gait. 

The matters are REMANDED for the following action:

1. The Veteran's claim should be remanded for a medical opinion by an appropriate clinician, to include an orthopedist, to answer the following questions:

Is it at least as likely as not that the Veteran's degenerative changes in his bilateral knees were (a) caused or (b) aggravated by the Veteran's service-connected DVT disability, to include an altered gait from the DVT. Note that aggravation means any incremental increase in disability in non-service-connected disabilities (i.e., any additional impairment of earning capacity) resulting from a service-connected condition. 

If the Veteran's right knee was found to be related to his service-connected DVT condition, is it at least as likely as not that the Veteran's degenerative changes in his LEFT knee were (a) caused or (b) aggravated by the Veteran's RIGHT knee, to include an altered gait. Note that aggravation means any incremental increase in disability in non-service-connected disabilities (i.e., any additional impairment of earning capacity) resulting from a service-connected condition.

 

 

K. Anderson

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	I. M. Hitchcock

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.