Citation Nr: 21004892
Decision Date: 01/28/21	Archive Date: 01/28/21

DOCKET NO. 13-31 890
DATE: January 28, 2021

REMANDED

Entitlement to service connection for a right knee disorder, to include as secondary to service-connected diabetes, is remanded.

Entitlement to service connection for a left knee disorder, to include as secondary to service-connected diabetes, is remanded.

REASONS FOR REMAND

The Veteran served honorably in the Army from April 1968 to April 1970.  This case comes before the Board of Veterans’ Appeals (Board) on appeal from a May 2010 rating decision of the Department of Veteran Affairs (VA) Regional Office (RO) in Houston, Texas.

In December 2015 the Veteran presented testimony at a video hearing before the undersigned Veterans Law Judge (VLJ).

 

Service connection- bilateral knee disorder

Remand is required for an addendum opinion to address a new theory of entitlement raised by the records.  Where VA provides the veteran with an examination in a service connection claim, the examination must be adequate.  Barr v. Nicholson, 21 Vet. App. 303, 311 (2007). Generally, a medical opinion should address the appropriate theories of entitlement.  Stefl v. Nicholson, 21 Vet. App. 120, 123-24 (2007).  The Veteran received September 2020 and November 2020 VA examinations.  The medical opinions of record do not address secondary service connection.  While the Board regrets additional delay, an addendum opinion is warranted.

The matters are REMANDED for the following action:

1. Obtain an addendum opinion regarding the etiology of the bilateral knee disorder from a VA examiner.  The entire claims file must be made available to and be reviewed by the examiner.  If an examination is deemed necessary, it shall be provided.  An explanation for all opinions expressed must be provided.  

First, the examiner must provide an opinion whether it is at least as likely as not (50 percent or greater probability) that any right knee disorder is caused or aggravated by the service-connected diabetes.

Second, the examiner must also provide an opinion whether it is at least as likely as not (50 percent or greater probability) that any left knee disorder is caused or aggravated by the service-connected diabetes.

2. If an examination is deemed necessary, notify the Veteran that it is his responsibility to report for any scheduled examination and to cooperate in the development of the claim, and that the consequences for failure to report for a VA examination without good cause may include denial of the claim.  38 C.F.R. §§ 3.158, 3.655 (2020).  In the event that the Veteran does not report for any scheduled examination, documentation must be obtained which shows that notice scheduling the examination was sent to the last known address.  It must also be indicated whether any notice that was sent was returned as undeliverable.

 

 

K. MILLIKAN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	C. Bruton, 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.