Citation Nr: 21041068 Decision Date: 07/08/21 Archive Date: 07/08/21 DOCKET NO. 16-21 049 DATE: July 8, 2021 REMANDED Entitlement to service connection for a left knee disability is remanded. REASONS FOR REMAND The Veteran served on active duty in the Army from August 1983 to June 1986. In January 2019, the Veteran testified at a videoconference hearing before the undersigned, and a transcript of that hearing is of record. In April 2020, the Board denied entitlement to service connection for a left knee disability. The Veteran appealed the issue to the United States Court of Appeals for Veterans Claims (Court), and in February 2021, the Court granted a Joint Motion for Partial Remand (JMPR), vacating and remanding the issue. The Board notes that the Veteran also has on appeal an issue of entitlement to service connection for a sinus disability. The Board remanded the issue in May 2021, and the issue has not been recertified to the Board. This issue is therefore not presently before the Board. 1. Entitlement to service connection for a left knee disability is remanded. In the April 2020 Board decision, the claim for service connection for a left knee disability was denied on the basis that although the Veteran had a current left knee diagnosis and was treated in service for a left knee injury after being assaulted, the preponderance of the evidence weighed against the finding of a nexus between his in-service assault and the current left knee diagnosis. The Board relied, in part, on a September 2019 VA examination and medical opinion. The JMPR indicated that the September 2019 VA opinion was inadequate for adjudication purposes because it was based upon inaccurate facts. The examiner concluded that the Veteran's left knee pain was "referred pain" from his "whole left side," including his back pain with left side neuropathy; however, treatment records did not reveal that the Veteran had been diagnosed with left side neuropathy. Moreover, the Veteran had complained of left knee pain before he reported left hip or left ankle pain. Thus, a new VA opinion is needed that considers the appropriate facts of the Veteran's medical history and whether his left knee diagnosis is related to service. As such, pursuant to the JMPR, remand is necessary to obtain a medical opinion on the issue of service connection for a left knee disability. See McLendon v. Nicholson, 20 Vet. App. 29 (2006); Allday v. Brown, 7 Vet. App. 517 (1995). The matter is REMANDED for the following action: Send the Veteran's claims file to a VA clinician with appropriate expertise to determine the nature and likely etiology of the claimed left knee disability. The entire claims file, including a copy of this REMAND, must be reviewed by the examiner. The examiner should provide a medical opinion on whether it is at least as likely as not (a 50 percent or greater probability) that the any left knee diagnosis is related to incident, injury, or event in active service, to include the 1985 in-service assault. In rendering an opinion, the examiner should specifically note that the Veteran has not been diagnosed with left side neuropathy and that he reported having left knee pain before reporting left hip or left ankle pain. A thorough rationale should be provided for all opinions expressed. If any requested medical opinion cannot be given, the examiner should state the reason(s) why. H. SEESEL Veterans Law Judge Board of Veterans' Appeals Attorney for the Board N. Nelson 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.