Citation Nr: 21021766 Decision Date: 04/13/21 Archive Date: 04/13/21 DOCKET NO. 12-30 443 DATE: April 13, 2021 REMANDED Entitlement to service connection for a recurrent right knee disability, to include degenerative joint disease, is remanded. Entitlement to service connection for a recurrent left knee disability, to include degenerative joint disease, is remanded. Entitlement to service connection for a recurrent left foot disability, to include hallux valgus and first metatarsal phalangeal joint degenerative joint disease, is remanded. REASONS FOR REMAND The Veteran had active service from August 1974 to July 1975. He was awarded the Parachute Badge. The Veteran appeared at a July 2015 hearing before a Veterans Law Judge at the St. Petersburg, Florida, Regional Office. A hearing transcript is of record. In February 2021, the Veteran was informed that the Veterans Law Judge who had conducted the July 2015 Board hearing had retired and he therefore had the right to an additional hearing before a different Veterans Law Judge. He was notified that if he did not respond within 30 days from the date of the letter, the Board of Veterans’ Appeals (Board) would assume that he did not want another hearing. The Veteran did not respond to the Board’s notice. The issues of service connection for a psychiatric disability and a cervical spine disability are the subjects of a separate Board decision and will not be addressed below. Entitlement to service connection for a recurrent right knee disability to include degenerative joint disease, a recurrent left knee disability to include degenerative joint disease, and a recurrent left foot disability to include hallux valgus and first metatarsal phalangeal joint degenerative joint disease is remanded. Unfortunately, another remand is required in this case. Although the Board sincerely regrets the additional delay, it is necessary to ensure that there is a complete record upon which to decide the Veteran’s claims so that he is afforded every possible consideration. In its July 2018 remand instructions, the Board directed that the Veteran be scheduled for an addendum opinion from an appropriate physician to determine the nature of the claimed recurrent right knee, left knee, and left foot disabilities and their relationship, if any, to active service. The examiner was instructed to address the Veteran’s competent statements as to in-service knee and foot symptoms. The report of a January 2020 knee and foot examination conducted for the Department of Veterans Affairs (VA) states that the examination was conducted by a physician’s assistant rather than the requested physician. The Agency of Original Jurisdiction’s compliance with the Board’s remand instructions is neither optional nor discretionary. Stegall v. West, 11 Vet. App. 268 (1998). The matters are REMANDED for the following action: Schedule the Veteran for a VA examination conducted by a medical doctor to assist in determining the current nature of any identified right knee, left knee, and left foot disabilities and the relationship, if any, to active service. The examiner must review the record and should note that review in the report. A rationale for all opinions should be provided. The examiner should: (a) Diagnose all recurrent knee and left foot disabilities. (b) Opine whether it is at least as likely as not (50 percent probability or greater) that any identified knee and left foot disabilities had their onset during active service or are related to any incident of service, included the documented in service parachute jumps and the Veteran’s competent statements as to in service and post service knee and left foot symptoms. J. T. HUTCHESON Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Ivan Franklin 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.