Citation Nr: 21024224 Decision Date: 04/22/21 Archive Date: 04/22/21 DOCKET NO. 18-54 634 DATE: April 22, 2021 REMANDED Entitlement to service connection for left knee condition is remanded. Entitlement to service connection for left hip condition is remanded. Entitlement to service connection for lumbar spine condition is remanded. Entitlement to service connection for right knee condition is remanded. REASONS FOR REMAND The Veteran had active service from May 13 to September 17, 1975. In a July 2019 decision, the Board granted the petition to reopen the claims for entitlement to service connection for lumbar spine condition, left knee condition, and left hip condition, and denied these claims on the merits as well as the claim for entitlement to service connection for a right knee condition. The Veteran appealed the decision to the Court of Appeals for Veterans’ Claims (Court). In a November 2020 decision, the Court issued a Joint Motion for Remand (JMR) that vacated the parts of the decision denying the claims for entitlement to service connection on the merits for left knee, right knee, lumbar spine, and left hip, and returning the issues to the Board. In the JMR, the parties moved the Court to address two main contentions, first, that the Board relied on January 2018 VA medical opinions but did not discuss whether these opinions were adequate to support the denial of the Veteran’s claims; and second, that the July 2019 Board decision did not discuss evidence submitted by the Veteran in July 2019. Herein, the Board will remand the claims for additional medical opinions. The Board notes that in a March 27, 2019 notice letter, it informed the Veteran and his representative that the window to submit additional evidence ended after 90 days or when the Board issued its decision, whichever happened first. The Veteran submitted the evidence in discussion in the JMR in July 2019, however the 90 day evidence window ended on June 25, 2019. 1. Entitlement to service connection for left knee condition is remanded. The Veteran contends that he has a left knee condition that is secondary to a service-connected condition. The Veteran has since submitted a medical opinion in July 2019 opining on a nexus with active service. The RO should obtain an addendum medical opinion that considers the new medical evidence, the Veteran’s lay statements, and any other relevant evidence in the claims file. 2. Entitlement to service connection for left hip condition is remanded. The Veteran contends that he has a left hip condition that is secondary to a service-connected condition. The Veteran has since submitted a medical opinion in July 2019 opining on a nexus with active service. The RO should obtain an addendum medical opinion that considers the new medical evidence, the Veteran’s lay statements, and any other relevant evidence in the claims file. 3. Entitlement to service connection for back condition is remanded. The Veteran contends that he has a lumbar spine condition that is secondary to a service-connected condition. The Veteran has since submitted a medical opinion in July 2019 opining on a nexus with active service. The RO should obtain an addendum medical opinion that considers the new medical evidence, the Veteran’s lay statements, and any other relevant evidence in the claims file. 4. Entitlement to service connection for right knee condition is remanded. The Veteran contends that he has a right knee condition that is secondary to a service-connected condition. The Veteran has since submitted a medical opinion in July 2019 opining on a nexus with active service. The RO should obtain an addendum medical opinion that considers the new medical evidence, the Veteran’s lay statements, and any other relevant evidence in the claims file. The matters are REMANDED for the following action: 1. Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran’s left and right knee condition is at least as likely as not related to active service or proximately due to service-connected disabilities or aggravated beyond its natural progression by service-connected disabilities. In considering the following questions, the examiner should consider the July 2019 private medical opinion, the Veteran’s lay statements, and any other relevant medical evidence. (a.) The examiner should state what the Veteran’s current left and right knee condition is. (b.) The examiner should answer the question: Is it at least as likely as not that any diagnosed left and right knee condition is a result of or injury, event, or disease during active service? (c.) The examiner should answer the question: Is it at least as likely as not that any diagnosed left and right knee condition is proximately due to or aggravated by a service-connected disability? 2. Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran’s left hip condition is at least as likely as not related to active service or proximately due to service-connected disabilities or aggravated beyond its natural progression by service-connected disabilities. In considering the following questions, the examiner should consider the July 2019 private medical opinion, the Veteran’s lay statements, and any other relevant medical evidence. (a.) The examiner should state what the Veteran’s current left hip condition is. (b.) The examiner should answer the question: Is it at least as likely as not that any diagnosed left hip condition is a result of or injury, event, or disease during active service? (c.) The examiner should answer the question: Is it at least as likely as not that any diagnosed left hip condition is proximately due to or aggravated by a service-connected disability? 3. Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran’s lumbar spine condition is at least as likely as not related to active service or proximately due to service-connected disabilities or aggravated beyond its natural progression by service-connected disabilities. In considering the following questions, the examiner should consider the July 2019 private medical opinion, the Veteran’s lay statements, and any other relevant medical evidence. (a.) The examiner should state what the Veteran’s current lumbar spine condition is. (b.) The examiner should answer the question: Is it at least as likely as not that any diagnosed lumbar spine condition is a result of or injury, event, or disease during active service? (c.) The examiner should answer the question: Is it at least as likely as not that any diagnosed lumbar spine condition is proximately due to or aggravated by a service-connected disability? DAVID L. WIGHT Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board E. Miller, 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.