Citation Nr: 21000845 Decision Date: 01/06/21 Archive Date: 01/06/21 DOCKET NO. 10-40 019 DATE: January 6, 2021 REMANDED Entitlement to service connection for a left ankle disability, to include as secondary to service-connected bilateral knee disability, is remanded. Entitlement to service connection for a bilateral foot disability, to include as secondary to service-connected bilateral knee disability, is remanded. Entitlement to service connection for a low back disability, to include as secondary to service-connected bilateral knee disability, is remanded. REASONS FOR REMAND The Veteran had active duty service with the U.S. Army from September 1983 to November 1988. This case comes before the Board of Veteran’s Appeals (Board) on appeal from a September 2008 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In October 2015, the Veteran appeared at a hearing before a Veterans Law Judge (VLJ). A transcript of the hearing is of record. In February 2019, the Veteran was advised that the VLJ who conducted his hearing is longer employed at the Board, and he was offered the opportunity for a new hearing. In April 2020, the Veteran indicated that he did not wish to appear at another Board hearing. In March 2016, the Board remanded the appellate issues, noting that the February 2016 VA examination opinion of record was insufficient. In January 2017 a VA addendum opinion was obtained. The examiner, Dr. J, continued to opine that the Veteran denied any low back, left ankle, and bilateral foot disabilities were aggravated by his service-connected right knee disability. In May 2017 another VA addendum opinion was obtained, from a different doctor, as Dr. J was not available. The examiner indicated he had reviewed the electronic file. He stated that “after reviewing the Veteran’s claim file, I am in agreement with Dr. [J]’s February 2016 and January 2017 medical opinions. I based my decision on and support the medical rationales noted within Dr. [J]’s February 2016 and January 2017 medical opinions.” In November 2017, the Board remanded these issues again, finding that the addendum opinions were still inadequate. In December 2017, the RO requested to schedule the Veteran a new VA examination. In January 2018, the RO was informed that the Veteran failed to respond to a letter sent to the Veteran to schedule a VA examination appointment. In a March 2018 statement, the Veteran indicated that he missed his request to schedule a VA examination because he was incarcerated. He indicated that he was now in prison and would soon be released in June or August 2019. In March 2020, the Veteran repeated his reason for the failure to appear, and requested that his VA examinations be rescheduled, and he would be able to attend. Because the Veteran has provided good cause for why he missed his last examination, a remand is warranted to afford the Veteran a VA examination to determine the etiology of his left ankle, bilateral foot, and low back disabilities. The matters are REMANDED for the following action: 1. Contact the Veteran and ask him to identify all private providers who have treated him for the claimed conditions, to include the California Department of Corrections. Take appropriate steps to secure identified records, to include requesting properly executed releases for any private care providers. 2. Associate with the claims file complete, updated VA treatment records. 3. Schedule the Veteran for an appropriate orthopedic examination(s); the claims folder must be reviewed in conjunction with the examination(s). If the Veteran currently remains incarcerated, make appropriate arrangements to secure the examination. The Veteran may report to a facility, a VA doctor or contractor may visit him, or a prison doctor may utilize a DBQ form to examine him, for example. All efforts to secure an examination must be documented. The examiner must identify all current lower back, left ankle, and bilateral foot disabilities (to include functional limitation by pain) and opine as to whether any such are at least as likely as not caused or aggravated by service and/or service-connected bilateral knee disabilities. The examiner should provide a rationale for all opinions expressed. 4.Then, readjudicate the remanded issues. If any benefit sought remains denied, issue a supplemental statement of the case. The case should then be returned to the Board for appellate review if otherwise in order. WILLIAM H. DONNELLY Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Baxter, 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.