Citation Nr: 21023522 Decision Date: 04/20/21 Archive Date: 04/20/21 DOCKET NO. 16-13 554 DATE: April 20, 2021 REMANDED Entitlement to service connection for a right knee disability is remanded. REASONS FOR REMAND The Veteran served on active duty from March 1969 to January 1972. The matter comes before the Board of Veterans’ Appeals (Board) on appeal from a September 2015 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In December 2018, the Veteran testified at a hearing before the undersigned Veterans Law Judge. A copy of the proceeding is associated with the electronic claims file. In August 2019, the Board reopened the claim of service connection for a right knee disability and remanded the claim for further development, to include providing a VA examination and obtaining relevant treatment records. In December 2020, the Board remanded the matter again for further development. Service Connection for a Right Knee Disability Unfortunately, there has not been substantial compliance with the Board’s December 2020 remand directives. Stegall v. West, 11 Vet. App. 268, 271 (1998). Specifically, the December 2020 addendum medical opinion failed to provide an adequate rationale against relation to service and failed to reconcile the Veteran’s various diagnoses related to his right knee. The examiner opined against service connection for a right knee disability; however, this rationale ignores the Veteran’s lay assertions about in-service onset, and instead relied heavily on the absence of contemporaneous medical records. See Dalton v. Nicholson, 21 Vet. App. 23, 40 (2007). Additionally, the examiner failed to provide an adequate discussion regarding the Veteran’s right knee diagnoses. Accordingly, the Board finds that remand is necessary to obtain an addendum medical opinion. The matter is REMANDED for the following action: 1. Obtain updated VA treatment records. 2. Thereafter, forward the claims file to a qualified medical professional to obtain an addendum medical opinion regarding the nature and etiology of the Veteran’s right knee disability. If the examiner determines that another physical examination is necessary, such an examination should be scheduled. Following a review of the claims file, the examiner is asked to opine as to whether it is at least as likely as not (a 50 percent or greater probability) that the Veteran’s right knee disability is related to service, to include the claimed in-service right knee injury. The examiner is asked to reconcile all diagnoses regarding the right knee, to include rheumatoid arthritis, polyarthralgia, and degenerative joint disease. (CONTINUED ON NEXT PAGE) In providing the requested opinion, the examiner cannot rely on the absence of documentary evidence as a basis for an opinion. A complete rationale must be provided for all opinions expressed. Nathaniel J. Doan Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Robinson, 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.