12-19 026
12-19 026
| Board of Vet. App. | Jun 22, 2017Background
- Veteran served active duty Oct 1998–Oct 2003 (Coast Guard) and alleges an in-service slip/fall during a rescue that injured his right knee.
- He reported continued pain and swelling after the incident and self-treated; did not seek contemporaneous medical treatment often citing flight orders and unit culture.
- Service records include a notation of "sore knee" at an Aug 2003 physical but no formal diagnosed knee injury in service.
- Post-service treatment first appears in 2009: diagnosed torn lateral meniscus (partial meniscectomy in Oct 2009) and degenerative arthritis.
- July 2015 VA examiner opined that right knee condition was less likely than not related to service, citing lack of contemporaneous medical evidence and a gap until 2009.
- Board found the July 2015 opinion inadequate because the examiner discounted credible lay testimony and failed to consider Veteran and lay-witness statements; remanded for an addendum exam and opinion noting Veteran’s credibility and that an in-service diagnosis is not required for service connection.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Service connection for right knee disability | Veteran: in-service slip/fall caused knee injury; continued symptoms through 2009; lack of contemporaneous treatment explained by circumstances | VA/Examiner: no documentation of in-service injury or ongoing symptoms; first treatment in 2009 breaks nexus | Remanded: examiner’s nexus opinion inadequate; Board accepts Veteran’s credibility and orders addendum opinion and further development |
Key Cases Cited
- Layno v. Brown, 6 Vet. App. 465 (Veteran competent to report symptoms)
- Buchanan v. Nicholson, 451 F.3d 1331 (absence of contemporaneous records does not alone render lay testimony not credible)
- Barr v. Nicholson, 21 Vet. App. 303 (examiner opinions must be adequate for decision-making)
- Kutscherousky v. West, 12 Vet. App. 369 (appellant may submit additional evidence after remand)
