Citation Nr: 21041555
Decision Date: 07/09/21	Archive Date: 07/09/21

DOCKET NO. 16-46 021A
DATE: July 9, 2021

REMANDED

Entitlement to service connection for right knee disability is remanded.

Entitlement to service connection for left knee disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from September 1983 to August 1986.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).  

In March 2019, the Veteran appeared and testified at a Travel Board hearing before the undersigned Veterans Law Judge.  

This matter was previously before the Board in March 2020 where the Board remanded the claim in order to obtain private treatment records identified by the Veteran.

Entitlement to service connection for left and right knee disability is remanded.

Following the Board's 2020 Remand, the Veteran submitted a statement from a private physician that links with service, both of the Veteran's current knee disabilities, understood to be osteoarthritis.  This triggers a duty to provide a VA examination with respect to the left knee, which has not previously occurred, and requires a follow-up examination with respect to the right knee, as the opinion concerning this knee appeared to have relied in part on the absence of conflicting medical evidence.  A remand is, therefore, necessary for a new examination.

The matters are REMANDED for the following action:

1. Schedule the Veteran for an examination with an appropriate VA examiner in order to determine whether the Veteran's left or right knee disabilities are related to service. 

The opinion should address whether it is at least as likely as not (50 percent or greater probability) that the Veteran's bilateral knee disability had its onset during active duty or is otherwise related to the Veteran's service, to include the Veteran's reported in-service fall;

If the right knee disability is found to be related to service, the opinion should also address:

(a.) whether the left knee disability is proximately due to his right knee disability; or

(b.) whether the left knee disability has been aggravated (worsened beyond the natural progression) by his right knee disability.

The examiner is requested to review all pertinent records associated with the claims file, particularly the positive nexus opinion submitted by the Veteran's physician and the Veteran's lay statements.  (The examiner may assume the credibility of the lay statements for the limited purpose of conducting the examination, and providing the medical opinion.)  

2. After any further development as may be indicated has been accomplished, readjudicate the issue on appeal.

 

MICHAEL E. KILCOYNE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	B. Jaigirdar, Associate 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.