Citation Nr: 21002851
Decision Date: 01/15/21	Archive Date: 01/15/21

DOCKET NO. 16-56 584
DATE: January 15, 2021

REMANDED

Entitlement to service connection for bilateral knee joint pain, to include as due to an undiagnosed illness is remanded.

REASONS FOR REMAND

The Veteran served on active duty from December 1983 to December 2003. He is in receipt of multiple service awards, to include a Southwest Asia Service Medal.

In August 2020, the Board most recently remanded the issue below on appeal for further development, and the case has since been returned to the Board. The Board finds that the AOJ has not substantially complied with the remand directives.  See Stegall v. West, 11Vet. App.268, 271 (1998).

Entitlement to service connection for bilateral knee joint pain, to include as due to an undiagnosed illness is remanded.

With regard to the issue on appeal, an addendum opinion was provided in September 2020 as required by the August 2020 Board remand. However, the Board finds that opinion inadequate. See Barr v. Nicholson, 21 Vet. App. 303, 312(2007) (When VA undertakes to provide a VA examination or obtain a VA opinion, it must ensure that the examination or opinion is adequate). Specifically, the examiner was asked “opine as to whether it is at least as likely as not (50 percent probability or greater) that the Veteran’s bilateral knee condition is aggravated by (permanently worsened beyond its natural progression)his service-connected left hip degenerative arthritis, right hip synovitis and/or degenerative disc disease of the thoracolumbar spine and associated radiculopathy and explain why.” 

However, the Board agrees with the Veteran’s representative’s November 2020 statement and finds that the rationale provided was inadequate. Indeed, the examiner, in providing a rationale that stated, in pertinent part, “There is no available evidence in his medical record to indicate that it occurred due to a service connected condition or was aggravated beyond natural progression by any of his service connected conditions”, failed to address the numerous service treatment records of bilateral knee pain and left lower extremity neuropathy. 

The matter is REMANDED for the following action:

Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran’s bilateral knee joint pain is at least as likely as not proximately due to or aggravated beyond its natural progression by his service-connected disabilities.

The examiner must note full review of the claims file and must address the numerous STR notations regarding bilateral knee joint pain and left lower extremity neuropathy.

 

 

L. M. BARNARD

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	R. A. Elliott II, 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.