Citation Nr: 21069046 Decision Date: 11/17/21 Archive Date: 11/17/21 DOCKET NO. 17-60 118 DATE: November 17, 2021 REMANDED Entitlement to service connection for arthritis of the knees, hands, and elbows is remanded. REASONS FOR REMAND The Veteran had active military service from January 1966 to June 1968. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 2017 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at a hearing before the undersigned Veterans Law Judge in September 2019. A transcript of that hearing is of record in the claims file. This case was previously before the Board, most recently in July 2021, at which time the issues currently before the Board were remanded for additional development. The case has now been returned to the Board for appellate review. In a January 2020 remand, the Board directed that the Veteran be afforded VA examinations to determine the nature and etiology of his bilateral knee, hand, and elbow arthritis, to include whether it was caused or chronically worsened by a service-connected disability. A review of the record shows that the Veteran was afforded the directed VA examination in February 2021. However, a review of that examination report shows that the medical opinion provided is inadequate for adjudication purposes. In this regard, the examiner failed to provide a sufficient rationale for why the Veteran's claimed arthritis was not caused or aggravated by a service-connected disability beyond a finding that the Veteran had worked for many years in a laborious occupation. Therefore, the Board finds that the development conducted does not adequately comply with the January 2020 Board remand directives. Compliance with a remand is not discretionary, and failure to comply with the terms of a remand necessitates remand for corrective action. Stegall v. West, 11 Vet. App. 268 (1998). Therefore, an additional medical opinion should be obtained regarding the nature and etiology of the Veteran's claimed disabilities. The matters are REMANDED for the following action: 1. Forward the Veteran's claims file to an examiner with appropriate expertise, who has not previously examined the Veteran or provided an opinion in this appeal, for an addendum opinion regarding the nature and etiology of the Veteran's arthritis of the knees, hands, and elbows. The examiner must review the claims file in its entirety, and note that review in the report. Based on the review of the record, the examiner must provide an opinion as to whether it is at least as likely as not (50 percent or better probability) that the Veteran's arthritis of the knees, hands, and/or elbows was caused or aggravated (chronically worsened) by a service-connected disability, to specifically include the Veteran's service-connected diabetes or any altered gait and/or body mechanics caused by service-connected disabilities. A complete a detailed rationale for all opinions expressed must be provided. 2. Confirm that all medical opinions obtained comport with this remand, and undertake any other development determined to be warranted. 3. Then, readjudicate the appeal. If a decision is adverse to the Veteran, issue a supplemental statement of the case, and allow appropriate time for response. Then, return the case to the Board. Kristin Haddock Veterans Law Judge Board of Veterans' Appeals Attorney for the Board I. Umez-Eronini, 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.