Citation Nr: 21007794 Decision Date: 02/10/21 Archive Date: 02/10/21 DOCKET NO. 15-03 689 DATE: February 10, 2021 REMANDED The claim for service connection for lumbar degenerative joint disease (DJD) is remanded. The claim for service connection for left ankle sprain and DJD is remanded. The claim for service connection right ankle sprain is remanded. The claim for service connection for right knee DJD with medial meniscus tear is remanded. REASONS FOR REMAND The Veteran served on active duty from February 19, 1979 to May 25, 1979 and February 11, 2003 to May 21, 2003. The Veteran’s representative will have an opportunity to present argument if the appeal returns to the Board. 1. Service connection for lumbar DJD 2. Service connection for left ankle sprain and DJD 3. Service connection for right knee DJD with medial meniscus tear 4. Service connection right ankle sprain The Veteran maintains that he has ankle, right knee and lumbar disabilities that resulted from military service. He contends that chronic bilateral ankle disabilities have resulted from an injury that occurred during service. He believes that right knee and lumbar disabilities resulted from his chronic bilateral ankle disabilities. VA medical opinions dated in June 2013 and April 2019 indicate that these disabilities are unrelated to military service. In providing the rationale, neither examiner referred to the Veteran’s contentions regarding those symptoms or those since service discharge. In Dalton v. Nicholson, 21 Vet. App. 23 (2007), the United States Court of Appeals for Veterans Claims (Court) determined a VA compensation examination and opinion were inadequate where the examiner did not comment on the Veteran’s report of in-service injury and, instead, relied on the absence of evidence in the Veteran’s service treatment records to provide a negative opinion. Moreover, in July 2018, the Veteran’s representative submitted internet medical articles that relates to his claim. The examiner did not address the articles. Since the April 2019 examination, service connection has been granted for the residuals of left knee meniscal tear. See August 2020 rating action. The Board must consider all theories of service connection to include whether his claimed disabilities are aggravated by his now service-connected residuals of left knee meniscal tear. The matters are REMANDED for the following action: 1. Update VA treatment records. 2. Thereafter, forward the Veteran’s claims file to an appropriate examiner to provide an opinion as to the etiology of his ankle, right knee and lumbar disabilities to include whether these disabilities are caused or aggravated by his service-connected left knee disability. Because the Veteran is competent even as a lay person to report symptoms of difficulties, the examiner must specifically address the Veteran’s report of any manifestation during his active service in determining whether any disability is related to military service. Whoever is designated to provide this additional comment must discuss the rational for this opinion, whether favorable or unfavorable. The examiner’s rationale must consider the Veteran’s lay statements of record as well as the internet articles submitted by the Veteran’s representative in July 2018. A physical examination is only required if deemed necessary by the examiner. Nathaniel Doan Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A.D. Jackson, 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.