Citation Nr: 21029688 Decision Date: 05/14/21 Archive Date: 05/14/21 DOCKET NO. 14-39 902 DATE: May 14, 2021 REMANDED Entitlement to service connection for a bilateral knee disability is remanded. REASONS FOR REMAND The Veteran served on active duty from April 1987 to April 1990. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2013 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran and J.G. testified before the undersigned Veterans Law Judge (VLJ) during an October 2018 videoconference hearing. A transcript of that hearing is associated with the claims file. In a March 2019 decision, the Board denied the Veteran's claim for service connection for a bilateral knee disability. The Veteran appealed the March 2019 Board decision to the United States Court of Appeals for Veterans Claims (Court). In an October 2019 Order, the Court vacated the Board decision and remanded the service connection claim for additional development in compliance with a Joint Motion for Remand (JMR) filed by the parties. This case was most recently before the Board in April 2020 when it was remanded for additional development. Entitlement to service connection for a bilateral knee disability is remanded. Unfortunately, an additional remand is warranted to ensure the Veteran is given every possible consideration. As noted above, this case was remanded in April 2020, in part to obtain an addendum opinion regarding the etiology of the Veteran's claimed bilateral knee disability. The examiner was directed to "specifically address the Veteran's reports of knee pain since discharge." The addendum opinion was obtained in August 2020. Although the examiner noted review of the claims file, the examiner stated that the Veteran's in-service left knee complaints resolved, and he had no complaints of knee problems when he left service. The examiner further stated that the Veteran began having right knee trouble in 1995. Accordingly, the examiner provided a negative nexus opinion with respect to the diagnosed bilateral knee joint osteoarthritis. However, the examiner failed to consider the Veteran's reports of knee pain since service discharge. This omission renders the opinion inadequate, as the examiner did not comply with the Board's remand directives. See Stegall v. West, 11 Vet. App. 268 (1998). In light of the foregoing, a remand is needed to obtain an adequate VA opinion that complies with the Board's remand directives and addresses all of the Veteran's contentions. The matters are REMANDED for the following action: Obtain an opinion from a VA examiner regarding the nature and etiology of the Veteran's bilateral knee disability. After a review of the claims file, to include a copy of this remand, the examiner should respond to the following: Is it at least as likely as not (a 50 percent or greater probability) that the Veteran has a bilateral knee disability that was incurred in or is otherwise etiologically related to his period of active service? The examiner must specifically comment on the Veteran's competent and credible reports of knee pain since service discharge. A complete rationale must be provided for all opinions offered. CAROLINE B. FLEMING Veterans Law Judge Board of Veterans' Appeals Attorney for the Board L. Connor, 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.