Citation Nr: 21024471 Decision Date: 04/22/21 Archive Date: 04/22/21 DOCKET NO. 16-59 698 DATE: April 22, 2021 REMANDED Entitlement to service connection for a bilateral knee condition is remanded. REASONS FOR REMAND The Veteran served on active duty from February 1968 to October 1969. This matter is before the Board of Veterans’ Appeals (Board) on appeal of a September 2014 rating decision of the Cleveland, Ohio, Regional Office (RO) of the Department of Veterans Affairs (VA). In August 2018 and September 2020, the Board remanded the case for further development. Stegall v. West, 11 Vet. App. 268, 271 (1998). Pursuant to the Board’s August 2018 remand, a VA examination and medical opinion were obtained in September 2019. The appeal was then returned to the Board. At that time, the Board noted that a negative opinion had been obtained; however, it was found to be inadequate because the VA examiner relied almost exclusively on the lack of contemporaneous medical records to support a negative nexus opinion without addressing the credibility of the Veteran’s lay statements about the in-service onset of his knee symptoms. Also, the VA examiner’s opinion did not address the possibility of presumptive service connection for a chronic condition. The claim was again remanded by the Board in September 2020, to obtain an addendum opinion. The VA examiner was asked to opine whether it at least as likely as not that the Veteran’s diagnosed condition began during active service, manifested within one year after discharge from service, or was noted during service with continuity of the same symptomatology since service. It was also noted that the VA examiner must address the Veteran’s lay statements regarding the timing of onset and severity of lay-observable symptoms. While the RO did obtain a medical opinion, dated in January 2021, concerning the relationship between the Veteran’s disability and his service, the Board finds the VA medical opinion to be insufficient to resolve the claim for service connection. Barr v. Nicholson, 21 Vet. App. 303 (2007); 38 C.F.R. § 3.159(c)(4). In this regard, the opinion did not address the lay statements of the Veteran, as requested in the September 2020 Board remand directives. As such, another remand is necessary to fully and fairly adjudicate this issue. Stefl, supra. The matters are REMANDED for the following action: Return the claims file to the January 2021, if available, for an addendum opinion. If the original examiner is not available, the file should be reviewed by another examiner of similar qualifications to obtain the opinion. If an additional examination is deemed necessary by the examiner to respond to the question presented, one should be authorized (The Board recognizes the practical difficulties of scheduling an examination in view of the COVID-19 epidemic, and requests flexibility and understanding in affording the Veteran an opportunity to report for an examination). After review of the entire record, to include this Board remand, the examiner should state whether it is at least as likely as not (50 percent or higher probability) that the Veteran’s left and/or right knee disability had its clinical onset during, or is related to, the Veteran’s active duty service. In rendering the opinion, the examiner must address the Veteran’s lay statements regarding the onset and continuing symptomatology of his bilateral knee condition. The examiner must provide a comprehensive report including complete rationales for all opinions and conclusions reached. A. C. MACKENZIE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A-L Evans, 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.