Citation Nr: 21025336 Decision Date: 04/27/21 Archive Date: 04/27/21 DOCKET NO. 13-34 825 DATE: April 27, 2021 REMANDED Entitlement to service connection for left knee condition is remanded. Entitlement to service connection for right knee condition is remanded. REASONS FOR REMAND The Veteran served on active duty from March 1972 to August 1973. These matters come before the Board of Veterans’ Appeals (Board) on appeal from a May 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In February 2018, the Board issued a decision denying the matters on appeal. The Veteran appealed that decision to the U.S. Court of Appeals for Veterans Claims (Court). In a November 2019 memorandum decision, the Court vacated the Board’s decision and remanded the matters to the Board for review. An April 2020 Board decision remanded the claims for development in accordance with the Court’s instructions. These claims were returned to the Board in December 2020 where they were remanded again for further development. 1. Entitlement to service connection for left knee condition is remanded. 2. Entitlement to service connection for right knee condition is remanded. While further delay is regrettable, the Board finds that additional development is needed prior to adjudication of these claims. The record indicates that the Veteran’s diagnosed Osgood Schlatter Disease may have pre-existed his service. See September 2020 Addendum Opinion (“The Veteran was diagnosed with Osgood Schlatter Disease during his period of active duty service in 1973,” and this diagnosis “was most likely an exacerbation of a pre-existing condition that was transient and resolved at the time of separation.”); January 2021 VA examination (“The Osgood Schlatter disorder he has prior to service is a self-limiting disorder that basically has no [sequela] for long term issues.”). Although these opinions note that the Veteran’s Osgood Schlatter disease likely pre-existed his service, they failed to use the correct legal standard. As such, an opinion must be obtained to determine whether the Veteran’s Osgood Schlatter disease clearly and unmistakably pre-existed his service and clearly and unmistakably was not aggravated beyond its natural progression during service. 38 U.S.C. § 1153; 38 C.F.R. § 3.306. Jensen v. Brown, 19 F.3d 1413, 1417 (Fed. Cir. 1994). The matters are REMANDED for the following action: 1. Send the claims file to an appropriate examiner to obtain an addendum opinion with respect to the Veteran’s bilateral knee condition claims. The claims file must be reviewed by the examiner. If a new examination is deemed necessary to respond to the request, one should be scheduled. 2. Following review of the claims file, the examiner should provide an opinion as to the following: (a.) Did the Veteran’s Osgood Schlatter disease clearly and unmistakably (reasonable minds cannot disagree) pre-exist his service? (b.) If so, was the Veteran’s condition clearly and unmistakably (reasonable minds cannot disagree) not aggravated beyond its natural progression by his period of service? A rationale for all opinions must be provided. 3. If the claims remain denied, issue a supplemental statement of the case. R.R. WATKINS Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board G. N. Wilson, 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.