Citation Nr: 21029530
Decision Date: 05/13/21	Archive Date: 05/13/21

DOCKET NO. 15-39 581
DATE: May 13, 2021

REMANDED

Entitlement to service connection for a right knee disorder, to include as secondary to service-connected left knee disability, is remanded.

REASONS FOR REMAND

The Veteran had active military service from January 1974 to January 1976.  This matter comes before the Board of Veterans' Appeals (Board) on appeal from rating decisions rendered in July 2014 and November 2014.

In October 2018, the Veteran testified at a hearing at the Agency of Original Jurisdiction (AOJ) before the undersigned Veterans Law Judge.  A transcript of the hearing is included in the electronic claims file.

In May 2019 and November 2020, the Board remanded this matter for additional development.

Entitlement to service connection for a right knee disorder, to include as secondary to service-connected left knee disability, is remanded.

In an April 2021 brief, the Veteran's representative now contends that the claimed right knee disorder was secondary to the service-connected left knee disability.  It was asserted that for almost five decades, the Veteran had been compensating with his right leg due to left knee pain and limitation of motion.

Due to the incomplete findings regarding secondary service connection rendered in the June 2014, November 2019, July 2020, and February 2021 VA medical opinions/examination reports and the Veteran's recent assertions, the AOJ should obtain an additional VA medical opinion to clarify the etiology of the Veteran's claimed right knee disorder.

The matter is REMANDED for the following actions:

1. Obtain a VA medical opinion to clarify the etiology of the Veteran's claimed right knee disorder from an appropriate examiner.  If an opinion cannot be provided without an examination, one should be provided.  The electronic claims file must be made available to the examiner, and the examiner must specify in the report that the file has been reviewed.

Based on a review of the electronic claims file and the Veteran's lay assertions, the examiner must provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that the Veteran's right knee disorder was caused or aggravated (worsened) by his service-connected left knee disability.

Rationale for all requested opinions shall be provided.  If the examiner cannot provide an opinion without resorting to mere speculation, he or she shall provide a complete explanation stating why this is so.  In so doing, the examiner shall explain whether the inability to provide a more definitive opinion is the result of a need for additional information or that he or she has exhausted the limits of current medical knowledge in providing an answer to that particular question(s).  The Veteran is hereby advised that failure to report for any scheduled VA examination without good cause shown may have adverse effects on his claim.  38 C.F.R. § 3.655 (2020).

2. After completing the above actions and any other necessary development, the claim on appeal must be re-adjudicated, taking into consideration all relevant evidence associated with the evidence of record since the March 2021 SSOC.  If the benefit on appeal remains denied, a SSOC must be provided to the Veteran and his representative.  After the Veteran has had an adequate opportunity to respond, the appeal must be returned to the Board for appellate review.

 

 

MICHAEL MARTIN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. D. Deane, 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.