Citation Nr: 21041383
Decision Date: 07/09/21	Archive Date: 07/09/21

DOCKET NO. 15-29 247
DATE: July 9, 2021

REMANDED

Entitlement to service connection for a right knee disorder is remanded.

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

REASONS FOR REMAND

The Veteran served on active duty from April 1968 to April 1970.

In a December 2019 decision, the Board declined to grant entitlement to service connection for right and left knee disorders.  A March 2021 Court of Appeals for Veterans Claims (CAVC) order vacated the Board's decision and adopted a Joint Motion for Remand (JMR) for reconsideration of the Veteran's claim.  These issues are once again before the Board for further adjudication.

1. Entitlement to service connection for a right knee disorder is remanded.

2. Entitlement to service connection for a left knee disorder is remanded.

According to the March 2021 JMR, the June 2019 VA medical opinion of record is inadequate for rating purposes because it provides an insufficient rationale for the conclusions reached by the examiner.  A remand is needed to obtain an adequate VA medical opinion for rating purposes.

The matters are REMANDED for the following action:

1. Obtain relevant VA treatment records since February 2019 and associate them with the claims file.

2. Forward the Veteran's claims file to the June 2019 examiner or another appropriate examiner for an opinion addressing the nature and etiology of the Veteran's right and left knee disorders.  The examiner should determine whether it is at least as likely as not (i.e., probability of 50 percent or greater) that the right and/or left knee disorders began in service, were caused by service, or are otherwise etiologically related to active duty service. The examiner should specifically discuss whether the mechanism of injuries from falling approximately 20 feet onto his knees in service was sufficient to cause the currently diagnosed abnormalities in the right and left knees.

The examiner should accept as fact that the Veteran fell approximately 20 feet onto his knees from a pole on several occasions during training in service as well as the Veteran's report of no knee problems upon separation from service.  In answering this question, the examiner should address the following:

	April 1970 separation examination noting no knee problems and April 1970 report of medical history denying any knee problems;

	the Veteran's January 2015 statement and June 2017 testimony noting in-service knee injuries and noting knee pain during service; and

	medical records in the claims file addressing current right and left knee issues.

The examiner should note that the June 2019 VA opinion of record listed facts and a conclusion, but did not provide any rationale or explanation connecting the facts and conclusion.  The examiner should provide a complete rationale for any opinion offered.  If an examination is needed, one should be scheduled.  

 

 

T. MAINELLI

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Howell, 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.