Citation Nr: 21072196 Decision Date: 12/02/21 Archive Date: 12/02/21 DOCKET NO. 05-06 801A DATE: December 2, 2021 REMANDED Entitlement to service connection for a right knee disability is remanded. Entitlement to service connection for residuals of a traumatic brain injury (TBI) is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1971 to June 1981 and from February 1982 to August 1995. In an August 2019 Board of Veterans' Appeals (Board) decision, the Board, in pertinent part, denied service connection for a right knee disability and for residuals of a TBI. The Veteran appealed the Board's August 2019 decision to the United States Court of Appeals for Veterans Claims (Court). Pursuant to a memorandum decision, the Court, in an April 2021 Order, vacated the Board's August 2019 decision (as to the matters of entitlement to service connection for a right knee disability and for residuals of a TBI) and remanded the matter to the Board for action consistent with the directives of the memorandum decision. 1. Entitlement to service connection for a right knee disability is remanded. The Court's April 2021 memorandum decision indicated that in the May 2019 decision, the Board relied on an inadequate examination as the October 2018 examiner did not address the Veteran's reports of right knee pain and instability since his in-service injury. Therefore, an addendum opinion is needed. 2. Entitlement to service connection for residuals of a head injury is remanded. The Court's April 2021 memorandum decision indicated that in the May 2019 decision, the Board did not adequately address reports that the Veteran suffered from memory loss since his in-service head injury. Notably, the Board included the July 2012 VA examination finding that the Veteran had a mild memory impairment with unclear etiology; however, the October 2018 examination diagnosed the Veteran with a TBI which provided "a potential etiology for his memory loss." Therefore, an addendum opinion is needed to reconcile these findings. The matters are REMANDED for the following action: 1. Obtain a VA addendum opinion pertaining to the etiology of the Veteran's right knee condition from a qualified individual. The examiner should review the record, including prior knee examinations and the April 2021 Court Order, prior to providing an opinion. It is left to the discretion of the examiner as to whether a current examination of the Veteran is necessary in order to address the remand inquiry. The examiner should address the following: (a.) identify all underlying disability manifested by right knee pain and/or instability; if there is no actual diagnosable disability, indicate whether there is evidence of right knee pain that results in functional impairment of earning capacity; (b.) address whether it is at least as likely as not (50 percent or greater likelihood) that any current disability (1) began during active service; (2) is related to any in-service event or injury; or (3), for arthritis only, manifested within one year of active duty service. The examiner should address the Veteran's competent statements and testimony that he has had continuous right knee pain and instability since active service as well as provide a complete rationale for all opinions expressed and conclusions reached. If it is not possible to provide the requested opinion without speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner (does not have the knowledge or training). 2. Obtain a VA addendum opinion pertaining to the etiology of the Veteran's memory loss from a qualified individual. The examiner should review the record, including prior examinations and the April 2021 Court Order, prior to providing an opinion. It is left to the discretion of the examiner as to whether a current examination of the Veteran is necessary in order to address the remand inquiry. The examiner should provide an opinion as to whether it is more likely than not, less likely than not, or at least as likely as not, that the Veteran's TBI is related to any in-service disease, event, or injury, to include the Veteran's reported head injury. The examiner should address the Veteran's competent statements and testimony that he has had continuous memory loss since active service as well as provide a complete rationale for all opinions expressed and conclusions reached. If it is not possible to provide the requested opinion without speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner (does not have the knowledge or training). S. L. Kennedy Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Costello, 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.