Citation Nr: 21024359 Decision Date: 04/22/21 Archive Date: 04/22/21 DOCKET NO. 13-18 636A DATE: April 22, 2021 REMANDED Entitlement to service connection for right knee degenerative joint disease is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1965 to March 1967 and October 1990 to January 1991, with additional reserve service. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a November 2011 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In November 2016, the Veteran testified at a hearing before the undersigned Veterans Law Judge. A transcript of the hearing is of record. In February 2020, the Board denied, in pertinent part, entitlement to service connection for right knee degenerative joint disease. The Veteran appealed the Board’s decision to the United States Court of Appeals for Veterans Claim (Court). In a November 2020 Joint Motion for Partial Remand (Joint Motion), the parties requested that the Court vacate and remand the portion of the February 2020 Board decision that denied entitlement to service connection for right knee degenerative joint disease. In a December 2020 Order, the Court granted the Joint Motion and returned the matter to the Board for further actions consistent with the Joint Motion. 1. Entitlement to service connection for right knee degenerative joint disease In the November 2020 Joint Motion, the parties determined that the Board erred in relying on an inadequate May 2018 VA opinion in its decision to deny the claimed right knee disability. Specifically, the parties determined that the VA examiner did not provide a rationale for why the Veteran’s in-service injury was probably not a major risk factor for degenerative joint disease and why he would expect the right knee degenerative joint disease to be significantly worse than the left knee degenerative joint disease. The parties also determined that the Board failed to address the adequacy of a December 2013 private opinion that was based on the Veteran’s reported history, military history and diagnostic studies. Further, while not error, the parties noted that the Veteran contends that the May 2018 VA examiner’s reference to ‘injury’ referred to the in-service injury, not an amusement park injury. The Board notes that while the December 2013 private opinion and an October 2014 VA clinician relate the Veteran’s current right knee degenerative joint disease to service, neither opinion provided an adequate rationale for the conclusions reached and are insufficient to support the claim. Therefore, in order to adequately address the concerns raised in the Joint Motion, the Board finds that a remand is needed to obtain a VA addendum opinion. Updated treatment records should also be requested. The matters are REMANDED for the following actions: 1. Ask the Veteran to provide the names and addresses of all medical care providers who have recently treated him for his claimed right knee disability. After securing any necessary releases, request any relevant records identified. In addition, obtain updated VA treatment records since February 2019. If any requested records are unavailable, the Veteran should be notified of such.   2. After records development is completed, forward the claims file to an appropriate VA examiner to obtain an addendum opinion regarding the claimed right knee degenerative joint disease. If an examination is deemed necessary to respond to the questions presented, one should be scheduled. After reviewing the claims file, the examiner should opine whether it is at least as likely as not (50 percent probability or greater) that the current right knee degenerative joint disease was incurred in or is otherwise related to service. The examiner should explain why or why not. In rendering the opinion, the examiner should address: • whether the current right knee degenerative joint disease is a maturation of or a delayed post-traumatic residual to the right knee injury sustained in a 1966 motor vehicle accident; • whether the in-service right knee injury/laceration is as likely as not a causal or contributing factor of the current right knee degenerative joint disease, to include the significance, if any, of the severity of the degenerative joint disease of the right knee versus the left knee, as shown on 2011 and 2012 MRIs, in rendering that conclusion; and, • the Veteran’s contention that his right knee pain has been continuous since his first period of active duty. A complete rationale must be provided for the opinions and conclusions expressed. 3. If the claim remains denied, issue a supplemental statement of the case. K. A. BANFIELD Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. C. Birder 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.