Citation Nr: 18160401 Decision Date: 12/27/18 Archive Date: 12/26/18 DOCKET NO. 17-01 296 DATE: December 27, 2018 REMANDED Entitlement to service connection for a right knee disability is remanded. Entitlement to a finding of total disability based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran had active service in the Air Force from January 1989 to September 1990. This case comes before the Board of Veteran’s Appeals (Board) on appeal from a December 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO); this rating decision is itself a reconsideration of a November 2012 rating decision. Service treatment records show only treatment for a left knee injury, but the Veteran contends both knees were injured at the same time. He states the left was simply worse, and so that was the one he complained about. A private doctor has opined that given the description of the fall injury provided by the Veteran, both knees likely were injured together. Remand is needed for an opinion assessing the possibility of a nexus to service for the right knee in light of this new evidence. The claim of entitlement to TDIU is inextricably intertwined with the claim for service connection for a right knee disability. Harris v. Derwinski, 1 Vet. App. 180 (1991). Thus, the claim of entitlement to TDIU must be remanded for the appropriate development, as well as contemporaneous adjudication. Id. The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA joints examination; the claims folder must be reviewed in conjunction with the examination. Identify all current disabilities of the right knee, and for each, opine as to whether such is at least as likely as not caused or aggravated by service or a service-connected disability, to include the left knee. The examiner should consider and discuss the Veteran’s allegations of injury in service and explanation for lack of treatment, as well as the statement of Dr. LJM. 3. Readjudicate the Veteran’s claims. If the benefits sought on appeal are not granted, the Veteran should be provided a Supplemental Statement of the Case and afforded the requisite opportunity to respond before the case is returned to the Board. WILLIAM H. DONNELLY Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD S. Baxter, Associate Counsel
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