Citation Nr: 21066758 Decision Date: 11/02/21 Archive Date: 11/02/21 DOCKET NO. 16-22 541 DATE: November 2, 2021 REMANDED Entitlement to a disability rating in excess of 20 percent for a left knee condition from April 1, 2014, to April 27, 2016, is remanded. REASONS FOR REMAND The Veteran served on active duty from May 1978 to August 1990. This case comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision of January 2015 issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Waco, Texas. The Board briefly clarifies the procedural history and scope of the issues presently addressed in this appeal. This issue was previously denied in a Board decision of January 2020, which the Veteran appealed to the Court of Appeals for Veterans Claims (CAVC). See January 2020 Board Decision at 8-12. The CAVC subsequently adopted a joint motion for partial remand (JMPR) in December 2020, which found that the Board's decision had relied on inadequate VA examinations of September 2014 and March 2016. See December 2020 JMPR at 3-5. The JMPR also addressed the additional issue of a disability rating in excess of 10 percent for left knee scars. The Board subsequently decided this additional issue in May 2021, at which time it also remanded the issue presented above for compliance with the JMR. See May 2021 Board Decision at 5-9 (granting increased rating of 20 percent for left knee scars); see also id. at 9-12 (providing remand directives). Accordingly, this additional issue is no longer before the Board at this time. The RO issued a supplemental statement of the case (SSOC) in July 2021. After reviewing the evidence of record, the Board now finds that its prior May 2021 remand directives have not been substantially fulfilled. An additional remand is therefore necessary. See Stegall v. West, 11 Vet. App. 268, 271 (1998) (providing that a remand confers upon the Veteran the right to substantial compliance with remand instructions). 1. Entitlement to a disability rating in excess of 20 percent for a left knee condition from April 1, 2014, to April 27, 2016. The JMPR found that prior VA examinations of September 2014 and March 2016 had not adequately considered additional functional impairment attributable to the Veteran's left knee condition during flare-ups or following repeated use over time. See December 2020 JMPR at 3-5; see also Sharp v. Shulkin, 29 Vet. App. 26, 35 (2017). The Board therefore remanded this issue for a retrospective medical opinion. See May 2021 Board Decision at 9-12; see also id. at 11 (specifically requesting "an addendum opinion... to address the disability level of the Veteran's [left knee condition] for the period from April 1, 2014, through April 27, 2016") (emphasis added). While a VA examination was subsequently provided, this examination appears to reflect only the current severity of the Veteran's left knee condition. See June 2021 VA Examination Report. It is unclear from the evidence of record whether an additional addendum opinion has been requested. See August 2021 Rating Decision at 3 (noting previous noncompliance with May 2021 remand directives and providing that "VA will request an addendum opinion to obtain the information requested in [the Board] remand") (emphasis added); cf. September 2021 Board Letter (providing notification that "[your] appeal has been returned to the [Board] and has resumed its place on the docket"). This matter is therefore REMANDED for the following action: Determine whether the retrospective addendum opinion requested in the May 2021 Board remand, and discussed in the August 2021 rating decision noted above, has in fact been provided by a VA examiner. If such a retrospective opinion has already been obtained, associate it with the Veteran's claims file. If such an opinion has not already been obtained, provide the Veteran's claims file to an appropriately qualified examiner. The examiner shall review the claims file, including this remand, and provide a retrospective opinion evaluating the state of the Veteran's left knee condition between April 1, 2014, and April 27, 2016. When necessary, the examiner shall make reasonable estimates consistent with the evidence of record, including the Veteran's medical treatment records, contemporaneous examination reports, and the Veteran's assertions. If the examiner concludes that the Veteran's assertions regarding any point are inconsistent or not otherwise supported by the medical evidence of record, the examiner shall clearly explain the medical reasoning supporting such conclusions. Tracie N. Wesner Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D. Blore, 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.