Citation Nr: A21016384 Decision Date: 10/05/21 Archive Date: 10/05/21 DOCKET NO. 200518-83671 DATE: October 5, 2021 REMANDED Entitlement to service connection a left knee disorder is remanded. REASONS FOR REMAND The Veteran served on active duty from February 1982 to November 1989 and April 2007 to August 2007. This appeal comes before the Board of Veterans' Appeals (Board) from an April 2020 rating decision of the Department of Veterans Affairs (VA). The initial rating decision denying service connection for a left knee disorder was issued in December 2013. The Veteran submitted a supplemental claim in March 2020. Following the April 2020 supplemental claim rating decision, the Veteran submitted a request for Direct Review in May 2020. The Board notes that any favorable findings made by a RO or any other prior VA adjudicator is binding on the Board. Supplemental claim review specifically found that new and relevant evidence had been received to reconsider the claim. As such, the Board will not address the issue of new and relevant evidence to readjudicate a claim, and acknowledges that a favorable finding of sufficient new and relevant evidence is of record to proceed to the merits of the issue of service connection for a left knee disorder. Entitlement to service connection a left knee disorder. The Veteran contends that he is entitled to service connection for a left knee disorder, to include as secondary to his service-connected right knee and ankle disabilities. In this regard, the Veteran's representative submitted an Appellate Brief in February 2021 and raised the issue of entitlement to service connection for a left knee disorder as secondary to the Veteran's service-connected right knee and right ankle disabilities. The Veteran's representative stated that the ankle and knee are connected by the fibula and tibia, which helps support movement of the knee and connect to the ankle. Tendons run from the knee to the heel and connects to the Achilles tendon and calf muscles. When a person walks these joints manage the weight load of the body. She further stated that when the Veteran ruptured his Achilles tendon, his ankle could no longer be mobile, and this left his ankle joint weak and immobile causing his knee to compensate for his ankle's immobility by becoming more mobile. The stress of the Veteran's knee compensating for his ankle most likely weakened his knee and resulted in his knee issues. Moreover, she stated that the Veteran developed arthritis in his knee while in military service. Arthritis of the knee will affect how a person walked (gait). She further stated that, overtime the Veteran's left knee began to develop issues due to the excessive weight load of the body it had to bear, which was even more likely true given that he also had arthritis in his right ankle. Given the aforementioned argument and because service connection for right knee and ankle disabilities has been in effect since 2008 and 2011, respectively, a medical opinion addressing secondary service connection is required, as all theories of entitlement must be addressed. Additional development is needed to correct this pre-decisional duty to assist error. 38 C.F.R. § 20.802(a). On remand, the examiner should determine whether the Veteran's left knee disorder is due to his military service, to include as secondary to his service-connected right knee and ankle disabilities. The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA examination to determine the nature and etiology of his current left knee disorder. The entire claims folder must be reviewed by the examiner, including a copy of this Remand. All appropriate diagnostic testing must be conducted. Following a review of the record, the examiner should address the following inquiry: (A) Is it as likely as not (i.e., a 50 percent or greater degree of probability) that the Veteran's currently diagnosed left knee disorder is related to his military service? (B) Is it as likely as not (i.e., a 50 percent or greater degree of probability) that the Veteran's currently diagnosed left knee disorder was caused or aggravated any service-connected disability, to include the right knee and/or right ankle disabilities (in combination or alone)? The term "aggravation" in the above context refers to "any incremental increase in disability - any additional impairment of earning capacity - in non-service-connected disabilities resulting from service-connected conditions regardless of its permanence." In formulating the above opinions, the examiner must consider and discuss all lay statements and assertions provided by the Veteran. (Continued on the next page) A complete rationale must accompany all opinions provided. C. CRAWFORD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Brennae L. Brooks, 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.