Citation Nr: 21004531 Decision Date: 01/27/21 Archive Date: 01/27/21 DOCKET NO. 17-41 849 DATE: January 27, 2021 REMANDED Entitlement to service connection for a left knee disability is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from December 1993 to December 1999 and from July 2006 to May 2007. This appeal to the Board of Veterans’ Appeals (Board) is from an August 2015 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In support of this claim, the Veteran testified at a videoconference hearing in March 2020 before the undersigned Veterans Law Judge (VLJ) of the Board. A transcript of the hearing is of record. Primarily owing to a medical opinion submitted the month after the hearing from John D. Foote, M.D., so in April 2020, the Board remanded this claim in June 2020 for further development – including for addendum opinions from the VA examiner that had commented on the origins of the Veteran’s left knee disability and from Dr. Foote since their medical opinions (both) had notable deficiencies in terms of not providing sufficient explanation (rationale) and in not commenting with the required degree of certainty (instead, was equivocal). But that prior remand notwithstanding, still more development of this claim is required before deciding it on appeal. Entitlement to service connection for a left knee disability is remanded. A remand by the Board confers on the Veteran, as a matter of law, the right compliance with the terms of the remand. Stegall v. West, 11 Vet. App. 268 (1998). Following the Board’s June 2020 remand, the file was returned to the local Regional Office (RO), in part, so that an addendum opinion could be obtained from Dr. Foote. This addendum opinion was not successfully obtained, however, and there is no documentation in the file of the efforts made to obtain this addendum opinion and whether the RO duly notified the Veteran and his representative that the RO was unable to obtain this requested additional comment from this physician so that they, in turn, would have opportunity to also try and contact this doctor to have him provide the needed additional comment. This must be done before deciding the appeal of this claim. Accordingly, this claim is again REMANDED for the following still additional development and consideration: Have John D. Foote, MD, the Board-Certified Orthopaedic Surgeon with Saint Alphonsus Medical Group, Riverside Orthopedics, submit an addendum to his April 2020 statement indicating whether it is at least as likely as not the Veteran’s left knee disability is the result of his left knee strain/injury in service (as opposed to just “could be related to” that injury). Also explain to Dr. Foote that it is essential he provide rationale for his opinion.   *Document all efforts to contact Dr. Foote to obtain this requested addendum opinion. Also, if again unable to obtain this requested addendum opinion from this doctor, appropriately notify the Veteran and his representative of this so they are aware and have opportunity to try and obtain this addendum opinion, themselves, or to submit other medical evidence to try and compensate. KEITH W. ALLEN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. Baronofsky 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.