Citation Nr: 22019652
Decision Date: 04/02/22	Archive Date: 04/02/22

DOCKET NO. 17-58 859
DATE: April 2, 2022

REMANDED

Entitlement to service connection for a right leg condition, to include right knee condition is remanded.

REASONS FOR REMAND

The Veteran served on active duty from March 1973 to July 1975.

The Veteran and his spouse testified at a virtual Board hearing in November 2021.  A copy of the hearing transcript is associated with the claims file.

The Veteran's claim was remanded in December 2021 for additional development. 

1. Entitlement to service connection for a right leg condition, to include right knee condition is remanded.

VA medical opinions were obtained regarding the etiology of the Veteran's right knee condition in January 2022 and February 2022. Both examiners founds that it was less likely than not that the Veteran's right leg/knee conditions had their nexus in service. The January 2022 examination report stated that "during service the Veteran's right knee and leg pain was acute in nature only" and that "there is no mention of knee problems again in the records regarding his right knee in the records again until 2016." The February 2022 examiner stated that "there is no evidence of a knee injury in service and the separation exam was negative for sign or symptoms of a knee condition." 

Unfortunately, the Board finds that both opinions are inadequate to resolve the issue on appeal. Service treatment records report that the Veteran sought treatment for right knee pain in November 1973, March 1974 and December 1974. During the December 1974 evaluation, the Veteran reported first injuring his right knee "over one year ago." The Board notes that this in-service evidence directly supports the history of a right knee injury in-service and is indicative of symptoms that lasted in excess of one year. 

Once VA undertakes the effort to provide a medical examination or opinion, it must provide an adequate one. Barr v. Nicholson, 21 Vet. App. 303, 311-12 (2007). The Board finds that a new medical opinion regarding the etiology of the Veteran's right leg disability, to include right knee, should be obtained.

The matters are REMANDED for the following action:

1. Schedule the Veteran for a VA examination by an examiner with appropriate expertise to determine the nature and etiology of any right leg disability, to include right knee disability, present during the appeal period.

The claims file must be made available to the examiner. Any indicated studies should be performed.

Based on the examination of the Veteran and review of the record, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent or better probability) that any right leg disability, to include right knee disability, present during the appeal period is etiologically related to the Veteran's active service. 

In forming the opinion, the examiner should specifically address the Veteran's statements regarding the onset and continuity of his symptoms. Lay statements of record cannot be disregarded solely due to lack of contemporaneous medical evidence. The examiner should also address the documented in-service reports of right knee pain in November 1973, March 1974 and December 1974 and right leg symptoms in July 1973.

A rationale for all opinions expressed must be provided. 

 

K. Parakkal

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	P.M. Johnson, 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.