Citation Nr: 21030867
Decision Date: 05/19/21	Archive Date: 05/19/21

DOCKET NO. 16-34 352
DATE: May 19, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran served on active duty from July 1968 to February 1973, October 1975 to August 1984, November 2002 to May 2003, and March 2004 to September 2005. 

Initially this matter came on appeal from a March 2014 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).  

This matter comes back before the Board of Veterans' Appeals (Board) for appellate review from an October 2018 remand.  The Board remanded the right and left knee disorder to the RO for further development.  The left knee claim has been returned to the Board for appellate review, while the right knee claim has since been granted by the Agency of Original Jurisdiction.    

Entitlement to service connection for left knee condition is remanded.

The Veteran contends that his left knee disability was a result of an injury in Iraq in 2004 with ongoing pain since that time.  The medical opinions of record do not consider the Veteran's lay statements regarding an in-service injury and continuity.   Thus, on remand, another opinion should be requested with consideration of the Veteran's contentions regarding an in-service incident and any relationship to service.

Updated VA treatment records should also be obtained.

The matters are REMANDED for the following action:

1. Associate updated VA treatment records.

2.  Obtain an opinion from a different examiner than the previous opinions of record.  

The examiner should review the claims file, specifically the Veteran's service treatment records, his lay statements and history, to include contentions regarding the injury in Iraq in 2004 and continued pain thereafter.  

The examiner should then answer the following:

Is it at least as likely as not (50 percent probability or more) that the Veteran's diagnosed left knee condition began in service, was caused by service, or are otherwise related to the Veteran's active service, specifically addressing the injury in Iraq?  Why or why not?

The Veteran is to be considered credible for the purposes of the examination ordered herein only.

(Continued on the next page)

 

A complete rationale must be provided for all opinions offered.

 

Jennifer White

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Wilson, Bronwyn I.

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.