Citation Nr: 20047564 Decision Date: 07/16/20 Archive Date: 07/16/20 DOCKET NO. 15-18 553 DATE: July 16, 2020 REMANDED Entitlement to service connection for a left knee disability is remanded. REASONS FOR REMAND The Veteran served in the Army Reserves between October 1981 and July 1987. He had a period of active duty for training (ACDUTRA) from January 1982 to April 1982. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2012 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Lincoln, Nebraska. The Veteran requested a hearing before a Veterans Law Judge (VLJ) and a videoconference hearing was scheduled for May 2018; however, when contacted, the Veteran said he would not attend the hearing, and he has otherwise not provided good cause for his absence. Accordingly, the Veteran’s hearing request is deemed withdraw. See 38 C.F.R. § 20.704. In September 2018, the Board remanded the Veteran’s claim for additional development. The Board additionally remanded the issue of entitlement to service connection for a right knee disability. In a May 2020 rating decision, the Agency of Original Jurisdiction (AOJ) granted service connection for right knee degenerative joint disease (DJD), thereby fully granting the benefit sought on appeal with respect to that claim. Grantham v. Brown, 114 F.3d 116 (Fed. Cir. 1997); Barrera v. Gober, 122 F.3d 1030 (Fed. Cir. 1997). Entitlement to service connection for a left knee disability is remanded At a hearing before a Decision Review Officer (DRO) in March 2017, the Veteran testified that he reported right knee complaints at his entrance to service and was cleared for enlistment. He testified that his left knee complaints were specifically related to his right knee problems and that he did not seek treatment for the left knee during service. He specifically indicated that his doctors told him that the disability resulted from favoring the knee due to right knee disability. He further indicated that he was seeking current treatment for the left knee and he was advised to have a left knee replacement procedure. The Veteran was afforded a VA examination for both knees in October 2019. The examiner noted that left knee degenerative arthritis was diagnosed in 2004. The examiner indicated that the Veteran’s left knee complaints manifested many years after service and opined that the left knee arthritis was less likely than not incurred in or caused by service. As noted, the Veteran’s claim for service connection for a right knee disability has been granted by the AOJ. In light of the Veteran’s assertions regarding entitlement to service connection for the left knee as secondary to his now service-connected right knee DJD, remand is warranted to obtain a medical opinion in order to determine whether the Veteran’s left knee disability was either caused or has been aggravated by his now service-connected right knee disability. The matter is REMANDED for the following action: Arrange to obtain from the VA examiner who conducted the October 2019 VA examination, or an examiner with similar expertise, an addendum opinion addressing the etiology of the Veteran’s diagnosed left knee disability, based on claims file review (if possible). Only arrange for the Veteran to undergo examination, by an appropriate clinician, if one is deemed necessary in the judgment of the clinician designated to provide the addendum opinion. The contents of the entire, electronic claims file, to include a complete copy of this REMAND, must be made available to the designated individual, and the opinion/examination report should include discussion of the Veteran’s documented history and lay assertions. If the Veteran is examined, all indicated tests and studies should be accomplished (with all results made available to the requesting clinician, prior to the completion of his or her report), and clinical findings should be reported in detail. The examiner should provide an opinion, consistent with sound medical judgment, as to whether it is at least as likely as not (i.e., a 50 percent or greater probability) that the left knee disability (a) was caused, or (b) is or has been aggravated (worsened beyond the natural progression) by the Veteran’s service-connected right knee DJD. If aggravation is found, the examiner should attempt to quantify the degree of additional disability resulting from aggravation, to include by identifying (to the extent possible), the baseline level of disability prior to aggravation. In addressing the above, the clinician must consider and discuss all medical and other objective evidence. The physician must also consider and discuss all lay assertions, to include the Veteran’s assertions that his left knee disability was caused or aggravated by his now service-connected right knee disability, to include as a result of favoring the knee due to right knee disability, as he was reportedly told by his doctors. The examiner is advised that the Veteran is competent to report matters within his personal knowledge, to include symptoms and events, and that his lay assertions in this regard must be considered in formulating the requested opinion. If lay assertions in any regard are discounted, the examiner should clearly so state, and explain why. A complete, clearly stated rationale for any conclusion reached must be provided. Michael L. Wilson Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A Cryan, 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.