Citation Nr: 21063222 Decision Date: 10/13/21 Archive Date: 10/13/21 DOCKET NO. 14-07 074 DATE: October 13, 2021 REMANDED Entitlement to service connection for a bilateral knee condition is remanded. REASONS FOR REMAND The Veteran served on active duty from April 1969 to April 1971. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2011 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at a June 2017 Board hearing before the undersigned Veterans Law Judge (VLJ). A transcript of the hearing is associated with the claims file. The Board issued a decision on this matter in July 2020, denying service connection for the Veteran's bilateral knee condition. The Veteran appealed the decision to the U.S. Court of Appeals for Veterans Claims (Court). Pursuant to a joint motion for remand (JMR) granted by the Court in June 2021, the July 2020 decision was vacated, and the matter was remanded to ensure satisfaction of the duty to assist and to provide the Veteran with an adequate statement of reasons and bases. Specifically, the parties agreed that the July 2020 Board decision erred in relying on an inadequate VA examination and failed to provide an adequate statement of reasons or bases. Pursuant to the JMR, the Board finds that remand is necessary to obtain an adequate VA examination. The November 2019 VA examiner marked that the Veteran had a current diagnosis of bilateral knee strain, noting that it was diagnosed in 2011. The examiner did not mark that the Veteran had a current or prior diagnosis of an arthritic condition. However, in concluding that the Veteran's bilateral knee condition was less likely than not related to service, the examiner reasoned that osteoarthritis is a "wear and tear" disease, and, as such, it was her opinion that the osteoarthritis that the Veteran currently has is from age-related wear-and-tear. Because the examiner did not recognize a diagnosis for osteoarthritis in the examination report, but nonetheless relied on a diagnosis of osteoarthritis in her opinion, the November 2019 examination and accompanying opinion lack sufficient detail and adequate rationale. See Nieves-Rodriguez v. Peake, 22 Vet. App. 295, 301 (2008). Additionally, the Board notes that the examiner failed to provide an opinion or analysis as to whether the Veteran's diagnosed bilateral knee strain is in any way related to his active service. Upon remand, the examiner must note all current knee-related diagnoses in the examination report and must opine, with clear supporting rationale, and consistent with findings noted in the examination report, whether the Veteran's bilateral knee condition was at least as likely as not incurred in or caused by an in-service event, injury, or disease. The matters are REMANDED for the following action: 1. Obtain the Veteran's VA treatment records from September 2019 to present. 2. Schedule the Veteran for a VA examination to address the nature and etiology of his bilateral knee condition. After a review of the claims file, the examiner should respond to the following: (a.) Is it at least as likely as not (50 percent or greater probability) that the Veteran's bilateral knee condition began during or is otherwise related to service? The examiner must note all current knee-related diagnoses in the examination report and provide opinions for each diagnosis. His or her opinion must align with the findings documented in the examination report. All opinions must be accompanied by a rationale consistent with the evidence of record. A discussion of the pertinent evidence, relevant medical treatises, and generally accepted medical principles is required. MICHELLE L. KANE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Tierno 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.