Citation Nr: 21066189 Decision Date: 10/28/21 Archive Date: 10/28/21 DOCKET NO. 15-08 948 DATE: October 28, 2021 REMANDED Service connection for a right knee disorder. REASONS FOR REMAND The Veteran served on active duty from April 1983 to April 1991. The case is on appeal from a March 2012 rating decision. In March 2018, the Veteran testified at a Board hearing. Most recently, in a December 2020 decision, the Board denied service connection for a right knee disorder. The Veteran appealed the decision to the United States Court of Appeals for Veterans Claims (Court). In a June 2021 Order, the Court granted the parties' June 2021 Joint Motion for Remand (JMR) in which the parties requested that the Court vacate the December 2020 denial and remand the claim to the Board. Service connection for a right knee disorder. In the December 2020 decision, the Board relied on September 2019 and July 2020 VA opinions in determining the Veteran's right knee disorder was not causally related to service or his service-connected left knee disability. In the June 2021 JMR, the parties determined the Board erred in relying on these two VA opinions in its decision. The JMR indicated the September 2019 VA opinion did not adequately discuss whether the Veteran's right knee disorder was caused or aggravated by his service-connected left knee condition. Additionally, the JMR noted the July 2020 VA opinion did not provide an adequate rationale as to whether the Veteran's right knee disorder is directly related to service, including his in-service right knee treatment. Lastly, the JMR indicated that obesity claimed as an intermediary step between the service-connected left knee disability and the right knee disorder should be addressed on remand. Pursuant to the June 2021 JMR, the Board will remand the claim for further development. The Veteran must be afforded a VA examination to determine whether his right knee disorder is causally related to service or was caused or aggravated by his service-connected left knee disability. The examiner should further opine as to whether the Veteran has obesity which constitutes an intermediary step between his service-connected disabilities and his right knee disorder. The matters are REMANDED for the following action: Schedule the Veteran for a VA examination from an appropriate medical professional who has not previously provided an opinion for this case, to determine the nature and etiology of the Veteran's right knee disorder. (a) After review of the record, the examiner should opine as to whether it is at least as likely as not (50 percent or greater probability) that the Veteran's right knee disorder had its onset during, or is otherwise related to, service, to include his ongoing right knee complaints and treatment documented in the service treatment records (STRs). The examiner should review and discuss the Veteran's STRs related to his right knee treatment dated February 1982, November 1984, December 1984 and February 1987. (b) If not directly related to service, the examiner should opine as to whether it is at least as likely as not (50 percent or greater probability) that the Veteran's right knee disorder was caused or aggravated by his service-connected left knee disorder. In answering this question, the examiner must address both the causation and aggravation prongs. Aggravation is an increase in severity beyond the natural progress of the disease. (c) If the answers to the two questions above are negative, the examiner should opine as to whether the Veteran has obesity from weight gain caused by his service-connected disabilities. If the Veteran's service-connected conditions caused him to become obese, the examiner should state whether the obesity was a substantial factor in causing the Veteran's right knee disorder. If not, the examiner should state whether the right knee disorder would not have occurred but for the obesity. RYAN T. KESSEL Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Isaacs, Brandon 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.