Citation Nr: 21072982
Decision Date: 12/07/21	Archive Date: 12/07/21

DOCKET NO. 10-33 604
DATE: December 7, 2021

REMANDED

Entitlement to service connection for a right knee disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Navy from June 1986 to April 1992 and the United States Army from February 2003 to April 2004, with additional reserve service.  

These appeals were previously remanded by the Board in July 2014, September 2016, December 2017, July 2019, and November 2020.  Although the Board is cognizant of these prior remands and sincerely regrets the additional delay this will cause, further development is necessary prior to the adjudication of this appeal.

Entitlement to service connection for a right knee disability is remanded.

This matter is remanded as there was not substantial compliance with the remand directives.  See Stegall v. West, 11 Vet. App. 268 (1998).

The Board's July 2019 and November 2020 remands explained that the April 2019 and November 2019 VA opinions were inadequate because the opinions failed to assess all pertinent in-service injuries and theories of entitlement that were raised by the record.  While the AOJ obtained the personnel records identifying the exact nature of the Veteran's active and inactive service, it did not obtain an addendum opinion or examination.  As the AOJ did not substantially comply with the Board's prior remand directive, another remand is required for an addendum opinion.  See Stegall v. West, 11 Vet. App. 268 (1998).

The matters are REMANDED for the following action:

1. Obtain an addendum opinion from an appropriate clinician.  The examiner is asked to offer a medical opinion as to:

(a.) whether the Veteran's right knee arthritis onset within one year from the conclusion of any qualifying period of "active military service" to, in turn, warrant presuming it was incurred during that qualifying period of active military service.  The Board notes that presumptive periods do not apply to periods of ACDUTRA or INACDUTRA, only to periods of active duty (AD).  See Biggins v. Derwinski, 1 Vet. App. 474, 477-78 (1991).

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Whether the Veteran actually needs to be re-examined to provide this addendum is left to the discretion of the clinician designated to provide the addendum opinion and only if there is suggestion of right knee arthritis initially manifesting within a year of a qualifying period of active military service.

 

 

C. Casey

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Lauritzen, 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.