Denial of service connection for left knee disorder failed to address favorable evidence of record

Denial of service connection for left knee disorder failed to address favorable evidence of record

Board denies service connection for left knee disorder

CCK successfully appealed a Board decision that denied the Veteran service connection for a left knee disorder.  CCK argued that the Board failed to adequately explain its decision, particularly in regards to favorable evidence of record that the Board did not address.

CAVC agrees with CCK’s argument

The Court agreed that the Board erred in denying entitlement to service connection for a left knee disorder. It found that the Board failed to provide an adequate statement of reasons or bases, as it did not address potentially favorable evidence regarding the Veteran’s knee symptoms since service.

Accordingly, the Court vacated the Board’s decision with regard to the knee disability, and remanded the issue for further adjudication. On remand, the Board must determine whether the Veteran’s lay statements from the 1990’s that he had left knee pain since service were credible.  If those statements are credible, then the Board must address whether a new medical opinion is necessary.

Category: Veterans Law, Court Wins