Citation Nr: 21014858 Decision Date: 03/16/21 Archive Date: 03/16/21 DOCKET NO. 15-32 116 DATE: March 16, 2021 REMANDED Entitlement to service connection for a right knee disability is remanded. REASONS FOR REMAND The Veteran served on active duty from March 2007 to March 2011. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a rating decision issued in September 2014 by a Department of Veterans Affairs (VA) Regional Office (RO). In August 2018, the Board of Veterans Appeals (Board) denied this claim. The Veteran timely appealed to the Court of Appeals for Veterans Claims (the Court). In July 2019, the Court, in relevant part, vacated the August 2018 decision and remanded the matter pursuant to a July 2019 Joint Motion for Remand (JMR). In December 2019, the Board remanded the claim for further development; namely, to obtain certain medical records and a VA examination regarding the etiology of the Veteran’s right knee disability. The subsequent development was completed in February 2020 and August 2020. As such, the directives have been substantially complied with and the appeal is again properly before the Board. D’Aries v. Peake, 22 Vet. App. 97, 105 (2008); Stegall v. West, 11 Vet. App. 268, 271 (1998). While on remand, the RO granted service connection for a left knee disability and a left elbow disability. As this constitutes a full grant of the benefits sought, those issues are no longer apart of the appeal currently before the Board. Ab v. Brown, 6 Vet. App. 35 (1993). Entitlement to service connection for a right knee disability. In the December 2019 remand, the Board directed the VA examiner to provide an etiology considering the Veteran’s right knee disability which considers, among other things, his service treatment records showing complaints or, and treatment for, knee pain, as well as, the Veteran’s lay statements regarding in-service occurrence and continuity of symptomatology. At the subsequent February 2020 VA examination, the VA examiner diagnosed the Veteran with a right knee strain and left knee arthritis. When describing the onset, the VA examiner wrote that “the condition began in 2009 while in Camp Pendleton. He developed bilateral knee pain from running and jumping off trucks. He treated with ice and Advil. After service, he was treated with physical therapy. The condition has stayed the same.” However, the VA examiner opined that the right knee disability was less likely than not related to service as the Veteran’s separation examination was silent on a right knee condition and because there was no information in the service treatment records which indicated that the Veteran developed a chronic right knee disability during service. The Board finds the February 2020 VA examiner’s rationale internally inconsistent—either the Veteran’s right knee disability “began in 2009” from “running and jumping off trucks” and “has stayed the same,” or it did not. Furthermore, the VA examiner based the etiological opinion solely on the March 2011 separation examination’s silence regarding a right knee disability and did not include a specific discussion regarding the Veteran’s lay statements of in-service occurrence and continuity of symptomatology. For this reason, and to comply with the December 2019 Board directives, addendum opinion is necessary for further explanation. See Stegall v. West, 11 Vet. App. 268 (1998). The matters are REMANDED for the following action: 1. Obtain and associate with the claims file any outstanding VA or private medical records. 2. Then, obtain an addendum VA medical opinion from an appropriate medical examiner to assess the nature and etiology of the Veteran’s right knee disability. The examiner is requested to provide a fully articulated medical opinion with respect to the following: Is it at least as likely as not that the Veteran’s right knee disability, to include right knee strain, began in service or is otherwise related to service? In rendering this opinion, the VA examiner must consider and discuss the Veteran’s lay statements that his right knee pain began in service and continued thereafter and the service treatment records documenting complaints of, and treatment for, knee pain. CHRISTOPHER A. WENDELL Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Finelli, 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.