Citation Nr: 21008834 Decision Date: 02/18/21 Archive Date: 02/18/21 DOCKET NO. 11-23 830 ¬¬DATE: February 18, 2021 REMANDED Entitlement to service connection for a right knee disorder is remanded. Entitlement to service connection for a renal mass, to include as due to exposure to herbicide agents and as secondary to the service-connected diabetic nephropathy, is remanded. REASONS FOR REMAND The Veteran had active military service from November 1965 to November 1968. He testified before the undersigned Veterans Law Judge during an October 2017 hearing. This matter is on appeal from a September 2010 rating decision. Both issues were remanded by the Board of Veterans’ Appeals (Board) in January 2018; service connection for a right knee disorder was then denied in an August 2019 decision, while service connection for a renal mass was again remanded. The Veteran thereafter appealed the Board’s denial of service connection for a right knee disorder to the United States Court of Appeals for Veterans Claims (Court). In an Order dated in August 2020, the Court granted a Joint Motion for Partial Remand (JMPR) by the Veteran and VA General Counsel, which was incorporated by reference, to vacate the Board’s decision as to the issue of service connection for a right knee disorder and remand the case for readjudication in accordance with the JMPR. 1. Entitlement to service connection for a right knee disorder is remanded. The Board cannot make a fully-informed decision on the issue of service connection for a right knee disorder because no VA examiner has provided an adequate opinion as to whether it is related to in-service knee complaints. An October 2018 VA examiner provided a negative opinion; however, the examiner did not adequately address the Veteran's lay statements of right knee pain since service. Therefore, remand for an addendum opinion is necessary. 2. Entitlement to service connection for a renal mass, to include as due to exposure to herbicide agents and as secondary to the service-connected diabetic nephropathy, is remanded. The Board cannot make a fully-informed decision on the issue of service connection for a renal mass because no VA examiner has provided an adequate opinion as to whether it is secondary to the service-connected diabetic nephropathy. A November 2019 VA examiner provided a negative opinion; however, the rationale was that it is not clear what causes renal cysts, and that diabetic nephropathy was not a cause or an aggravating factor. Such rationale is lacking, and remand for an addendum opinion is necessary. The matters are REMANDED for the following action: 1. In accordance with the provisions of 38 C.F.R. § 3.159(c)(1), make efforts to obtain all records identified by the Veteran, including any outstanding VA treatment records. 2. Obtain medical opinions from medical professionals with appropriate expertise to determine the etiology of the diagnosed right knee disorder and renal mass. The examiner is requested to review the record and offer opinions as to the following: (a.) Whether it is at least as likely as not (i.e., probability of approximately 50 percent) that any diagnosed right knee disorder is related to service. The examiner must address the Veteran's lay statements of having right knee pain since service. (b.) Whether it is at least as likely as not that any diagnosed renal mass is caused or aggravated by the service-connected diabetic nephropathy. (If a renal mass disorder is found to have been aggravated by the service-connected diabetic nephropathy, the examiner should quantify the approximate degree of aggravation.) A complete rationale should be given for all opinions and conclusions expressed. A. C. MACKENZIE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board L. Barstow, 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.