Citation Nr: 20056576 Decision Date: 08/26/20 Archive Date: 08/26/20 DOCKET NO. 15-35 112A DATE: August 26, 2020 REMANDED Entitlement to service connection for a right knee disability is remanded. REASONS FOR REMAND The Veteran had active military service from January 1980 to May 1982. This case comes to the Board of Veterans’ Appeals (Board) on appeal from a September 2012 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In September 2017 the Veteran testified at a videoconference hearing in front of the undersigned Veterans Law Judge. A transcript of the hearing has been associated with the claim file. The Board previously remanded this claim for further development in August 2018. The Veteran contends that he is entitled to service connection for a right knee disability. Specifically, the Veteran asserts that his service-connected right ankle condition caused injury to his knees. He also stated that his bilateral knee condition of chondromalacia is potentially due to overuse, which would be consistent with the levels of sports he played during service. See October 2015 Appeal to the Board. The Veteran was afforded a VA examination for his right knee in May 2019. The Veteran denied any right knee pain. All right knee range of motion testing was normal. The examiner indicated there was a history of right knee recurrent effusion per Veteran report. The VA examiner opined that the Veteran denied a right knee condition. However, while the Veteran is competent to describe any right knee pain he experiences, he is not competent to diagnose if he has or does not have a right knee disability. See Jandreau v. Nicholson, 492 F.3d at 1733 n. 4 (Fed. Cir. 2007) (lay persons not competent to diagnose complex medical issues). The Veteran had previously been afforded a VA examination in July 2012. He was diagnosed with chondromalacia of the patella bilateral knee. The examiner indicated that degenerative or traumatic arthritis were documented by imaging in both knees. However, while the examiner concluded it was less likely than not that the Veteran’s right knee disability was directly or proximately related to service, the examiner did not address whether the Veteran’s service-connected right ankle disability aggravated his right knee disability. Accordingly, the opinion is inadequate. See Allen v. Brown, 7 Vet. App. 439, 448 (1995). Accordingly, the Board finds an addendum opinion should be obtained to clarify if the Veteran has a right knee disability and if so whether it is etiologically related to his active duty service or proximately caused by or aggravated by his service-connected right ankle disability. The matters are REMANDED for the following action: 1. After performing any further development deemed necessary, obtain a supplemental medical opinion from an appropriate examiner regarding the nature and etiology of the Veteran’s right knee disability. The claims file, including a copy of this remand, must be made available to the examiner. If, and only if, determined necessary by the examiner, the Veteran should be scheduled for another VA examination. Based on a review of the record, and if deemed necessary an examination of the Veteran, the examiner should provide an opinion as to whether the Veteran has a current right knee disability. The examiner should reconcile this determination with the May 2019 VA examination (finding no right knee disability) and the July 2012 VA examination diagnosing chondromalacia and citing imaging studies reflecting documented degenerative or traumatic arthritis in the right knee). If the examiner finds the Veteran does not currently have a right knee disability, the examiner is asked to opine if the Veteran previously had a right knee disability that has since resolved. If the examiner finds the Veteran has a right knee disability, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that the right knee disability that is related to the Veteran’s active duty service. The examiner should also provide an opinion as to whether if it is at least as likely as not (at least a 50 percent probability) that any such right knee disability is caused or aggravated by his service-connected right ankle disability If the examiner finds that the Veteran has a current right knee disability that has been permanently aggravated/worsened by his service-connected right ankle disability, to the extent feasible, the degree of worsening should be identified. The Veteran’s lay assertions, including his contention that the right knee disability may be related to overuse during service, including playing sports, should be addressed and considered. All opinions expressed by the examiner must be accompanied by a complete rationale. Adequate reasons and bases for any opinion rendered must be provided. All studies deemed appropriate in the medical opinion of the examiner should be performed, and all the findings should be set forth in detail. 2. After completion of the above and any additional development deemed necessary, the issues on appeal should be reviewed with consideration of all applicable laws and regulations. If any benefit sought remains denied, the Veteran should be furnished a supplemental statement of the case and be afforded the opportunity to respond. Thereafter, the case should be returned to the Board for appellate review, if in order. MICHAEL LANE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board N. Keogh, Associate 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.